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hit a( gtii) lorh. 



N"o. 15- 



IINT ASSEMBLY, 

Jannary 9, 1862 



.c%~ 



COMMUNICATION 

FROM THE GOVERNOR TRANSMITTING THE REPORT OF THE 
BOARD OF STATE OFFICERS NAMED IN THE ACT OF 
APRIL 16, 1861, ENTITLED, " AN ACT TO AUTHORISE THE 
EMBODYING AND EQUIPMENT OF A VOLUNTEER MILITIA 
AND TO PROVIDE FOR THE PUBLIC DEFENCE." 

STATE OF NEW YORK : ^ 

Executive Department, > 

Albany, January 9, 1862. J 

To the Jissemhly : 

I transmit the Report of the Board of Officers named in 

the act of April 16th, 1861, entitled, " An act to authorize the 

embodying and equipment of a Volunteer Militia, and to provide 

for the public defence," together with a copy of the minutes of 

their several meetings. 

E. D. MORGAN. 



[Assem. No. 15. J 



1 



523 
S 






EEPORT. 



To the Hon. Legislature of the State of New York: 

The undersigned, the Board of State Officers formed by, 
and mentioned in the act of the Legislature, entitled, " An 
act to authorize the embodying and equipment of a volun- 
teer militia and to provide for the public defence," passed 
April 16th, 1861, beg leave respectfully to 

REPORT: 

That they have the honor herewith to transmit the official 
journal of the proceedings of said Board hereto attached. 

This document will inform the Legislature of the methods 
and means adopted and employed by the Board in r)er- 
forming the important and extraordinary duties imposed 
upon them by the said act. 

In addition to the said journal, a few words of explana- 
tion and commentary will suffice. 

A requisition from the Federal Government upon the 
Executive of this State, demanding the services of seventeen 
regiments of militia was received by his Excellency on 
the day succeeding the enactment of the law, and the 
Board at once proceeded to place at the disposal of the 
Governor the means entrusted by the said act to their 
care, so much as should be necessary to equip and send 
forward to the aid of the General Government, the requisite 
number of the uniformed militia of the State, and at once 



4 [Assembly 

proceeded to organize seventeen regiments of two years 
volunteers under said act, who should be prepared to take 
the place of the uniformed militia as soon as organized. 

The Governor having sole charge of the militia, it is 
understood, dispatched the necessary men promptly to the 
aid of the General Government at an expense which no 
doubt he will report. 

The Board, at their first meeting, were informed that the 
necessary arms and accoutrements for the force to be raised 
were ready in the arsenals and storehouses of the General 
Government, but soon ascertained that only a limited 
supply of arms, and those of an inferior quality were 
possessed by that government, and that absolutely none of 
the necessary accoutrements existed. That arms of a good 
quality could only be purchased in Europe and that all the 
necessary uniforms and equipments of every kind must be 
manufactured to order and were not in existence or pur- 
chasable in market. The rapid occurrence of alarming 
events following upon the fall of Fort Sumter, the suspen- 
sion of communication with the federal capital, and the 
portentous aspect of affairs rendered prompt action on 
the part of the Board an imperative duty. The extreme 
impatience of the public, frantic at the sight of the capital 
of the country menaced, and the existence of its govern- 
ment endangered by a formidable rebellion— the scarcity 
in market of the necessary supplies, and the eager compe- 
tition not only of the federal authorities, but those of the 
several loyal States in the purchase of the limited stock 
on sale rendered the performance of those duties the more 
difficult and embarrassing. . , 



No. 15.] 5 

The Board proceeded to make contracts for supplying 
the troops then proposed to be raised, and within ten days 
after the passage of the law, had made contracts for uni- 
forms at a price below the cost estimated by military 
gentlemen called on to advise the Board, and had dis- 
patched an agent to Europe to purchase the necessary arms, 
efficiently to arm the troops. 

It also became apparent that the seventeen regiments 
already provided would be insufficient for the service of 
the government, and the Board resolved to raise the whole 
thirty thousand men authorized by the act. 

This object was effected, and the whole force placed in 
the field with a dispatch which, notwithstanding the diffi- 
culties surrounding the Board, it is believed, will compare 
favorably with the experience of this or any of her sister 
States, and with an economy of expense which, the circum- 
stances and state of the market being considered, it is be- 
lieved will bear the strictest scrutiny. 

But one unfortunate purchase was made — that of the 
first purchase of uniforms. It will be seen by the Journal 
attached, that these uniforms were contracted for at a price 
very considerably below the estimate of the military offi- 
cers. A committee of the Board was sent to New York, 
and on the representation that the army cloth called for by 
the proposition which had been accepted, could not be ob- 
tained in time to clothe the troops already in depot and 
detained from the field, solely by the want of the neces- 
sary supplies, and that the cloth which could be found in 
the market was of equal durability and greater cost than 
army cloth, consented to change the samples for a large 



6 [Assembly 

portion of the contract. This action of the committee was 
subsequently approved and adopted by the Board. Subse- 
quent events proved that both the committee and the Board 
had been deceived by the representations that the substi- 
tuted cloth was of equal value to that called for by the 
proposition. The samples attached to the contract were, 
however, all sound and serviceable cloth, and if the uniforms 
delivered had equaled the samples on file in the Comptrol- 
ler's office, the uniforms would have been serviceable and 
durable, and fully equal to the average of uniforms on the 
troops of the Eastern States. A portion of these uniforms, 
particularly those sent to the depot at Elmira — the depot 
most remote from the personal supervision of the members 
of the Board — proved to be comparatively worthless. 
Immediately upon this fact being represented to the Board, 
a committee, consisting of the Lieut. Governor and State 
Engineer and Surveyor, was instructed to investigate the 
matter, and their report, with the evidence taken thereon, 
will be found in the annexed Journal. The evidence 
clearly establishes the fact, that the uniforms received and 
there distributed to those regiments, were nearly worthless, 
and that the boxes containing the defective uniforms had 
attached the certificate of the inspectors appointed under 
the authority of the officers of the Quartermaster's Depart- 
ment, to the effect that the uniforms therein contained 
were equal to the requirements of the contract. These 
certificates are proven to have been delivered by the 
inspectors to the contractors, to be used at will on boxes 
not packed under the supervision of the inspectors. 

Restitution was demanded by the Board from the con- 



No. 15.] 7 

tractors and 2,350 new suits of uniforms of army cloth 
were furnished by them in lieu of the defective articles. 
By this arrangement the State is believed to have been fully 
indemnified. 

The subsequent contracts for clothing, as will appear by 
the journal, were inspected in a different manner and were 
all satisfactorily fulfilled, and the clothing of the troops of 
this State are believed to be equal, if not superior to any 
other uniforms of equal price in the service. 

The first of the regiments raised under the said act were 
inarched to Washington on the 29th day of April last, 
within two weeks after the act was passed. 

^^ A large majority of the force were mustered into the ser- 
vice of the United States before the middle of June and 
the last regiment left the State on the 12th of July. The 
whole force of 30,000 men, in itself a respectable army, 
under all the embarrassments alluded to, were fiilly organ- 
ized, armed and equipped within twelve weeks from the 
enactment of the law authorizing the same, all the material 
being created, and with no nucleus upon which to form it. 
It would seem that this was done with satisfactory despatch. 
But the force would have been put on foot in one-half the 
time could supplies have been obtained, and even then 
would have sooner marched but for the singular reluctance 
of the War Department of the United States Government 
to accept troops, and the remarkable misunderstanding in 
reference thereto, disclosed in the annexed journal. 

Notwithstanding the express agreement of that Depart- 
ment of the government, on the 3d of May, to accept those 
regiments for two years, the subsequent eifort to change the 



8 [Assembly 

time of service, and the imautliorized mustering of five of 
the regiments for three months, not only delayed and em- 
barrassed the operations of the board, but betrayed portions 
of the force, who acted on the conclusion to be drawn from 
the acts of the General Government, into acts of seeming 
insubordination, and subjected a small number of the troops 
to what seemed to the Board, undeserved punishment, and 
demanded from the Board exertions to mitigate the punish- 
ment on the one hand and allay the dissatisfaction on the 
other, which they hope were in a good degree successful. 

Of the $3,000,000 placed by the act at the disposal of 
the Board only $2,841,205.10 have been expended, includ- 
ing the purchase in Europe of 20,000 stand of rifled arms. 
Batteries of artillery now in possession of the State, and 
the expense of completing the arms and supplies, and inci- 
dental expenses incurred by the Governor in forwarding 
regiments of the uniformed militia to the service of the 
United States Government, and the greater part of this sum 
is expected to be refunded by that government to the State. 

All which is respectfully submitted. 
By order, 

J. H. LINSLY, Secretary, 

Dated December 13, 1861. 



PROCEEDIISrGS. 



STATE OF NEW YORK : ^ 

Executive Department, J- 

Albany, ./Jpril 16, 1861. j 

Sir — The officers named in the act entitled " An act to autho- 
rize the embodying and equipment of a Volunteer Militia, and to 
provide for the public defence," passed this day, are requested to 
meet at the Executive Chamber this (Tuesday) evening, at seven 
o'clock. 

I am respectfully, &g., 

E. D. MORGAN. 

At a meeting of officers named in the foregoing call, at the 
Executive Chamber, on the evening of April 16, 1861, there were 

Present — the Governor, Lieutenant Governor, Comptroller, At- 
torney General, and State Treasurer — 5. 

Absent — Secretary of State, State Engineer and Surveyor — 2. 

The Governor briefly stated the object of the meeting, referring 
to the fact that he had as yet received no formal call for militia, 
but submitted the following despatch from General Cameron : 

Washington, ^pril 15, 1861. 
Gov. E. D. Morgan : 

President has made requisition on you for seventeen regiments 
about thirteen thousand men, to be mustered into immediate ser- 
vice. Rendezvous at New York, Albany and Elmira. Sent a 
letter by mail. Would be much gratified to have one or more 
regiments march here at once before close of week. 

SIMON CAMERON. 

He stated that it was his intention, if called upon, to furnish 
immediately a portion of the quota of this State, to order one or 
two regiments of the first division to Washington. 

The Attorney General remarked, that the first business in or- 



10 [Assembly 

der was to determine the number of men to be mustered into 
service, and accordingly moved : 

That seventeen regiments of Y80 men each, be enrolled and 
mustered into service under act entitled "An act to authorize 
the embodying and equipment of a volunteer militia, and to pro- 
vide for the public defence," passed April 16. Adopted unani- 
mously. 

The question as to the manner in which the force should be 
ojQficered, organized and equipped, on suggestion of Mr. Comp- 
troller, was now discussed. 

After some desultory conversation and on recurring to the 
question, it was, on motion of Mr. Dorsheimer, Treasurer, 

Resolved, That the regiment formed under this act, be organ- 
ized with the following officers : 

Colonel, Lieutenant Colonel, Major, Quartermaster, Paymaster, 
Surgeon, Assistant Surgeon, Sergeant-Major, Drum-Major, two 
Sergeant Standard-bearers, Quartermaster-Sergeant. Carried 
unanimously. 

10 companies to each regiment. 

Each company — one captain, one first lieutenant, one second 
lieutenant, four sergeants, four corporals, two musicians. 

Resolved, That the militia now organized, or so many of them 
as the Governor shall order into the service of the United States, 
be transported by and under the direction of the Governor, to 
Washington; and that the expenses thereof, if not provided by 
the United States Government, be paid by the Comptroller, on 
the certificate of the Governor. Adopted unanimously. 

Mr. Myers moved an adjournment to nine o'clock to-morrow 
morning. Carried. 



April 17, 1861. 

State officers met pursuant to adjournment, at 9^ o'clock, A.M. 

Present — the Governor, Comptroller, Attorney General, State 
Treasurer. 

Abseut^ — Lieutentant Governor, Secretary of State, State Engi- 
neer. 

Minutes of previous meeting read and approved. 

The Governor presented the requisition of the President of 
the United States for seventeen regiments of militia, which he 
received this morning. 

By unanimous consent, the minutes of previous meeting were 



No. 15.] 11 

amended by substituting the following composition of regiments 
for the organization : 

One Colonel, one Lieutenant Colonel, one Major, one Adjutant, 
(lieutenant) one Regimental Quartermaster, (lieutenant) one 
Surgeon, one Surgeon's Mate, one Sergeant Major, one Drum 
Major, one Fife Major, ten Captains, ten Lieutenants, ten En-. 
signs, forty Sergeants, forty Corporals, ten Drummers, ten Fifers, 

640 Privates. 

The Comptroller stated that he desired a formal authorization 
to pay money on the order of the Governor. 

The Attorney General stated that the Board ordered the pur- 
chases, and that the Governor's certificate was the Comptroller's 
proper order, aud that it w^as unnecessary for him to go behind 
that. 

On motion of the Attorney General, it was 
Resolved. That the Governor be, and he hereby is authorized 
and requested to employ such and so many additional persons in 
the staff department as he shall deem necessary to efficiently 
effect the organization of the force, and to fix their compensations. 
Carried unanimously. 

On motion of the Attorney General, it was 
Resolved, That the Governor be, and he hereby is authorized 
to incur such incidental expenses as shall attend the organiza- 
tion of the force in the transportation of recruits, the procuring 
of quarters at the respective rendezvous, the procuring of hos- 
pitals and medical supplies, printing, stationery, telegraphs, 
postages, and other necessary incidental expenses, and that upon 
his^^ertificate to the Comptroller, that officer shall draw his war- 
rant 'for the same: Provided, that no purchase of supplies here- 
under, exceeding in the aggregate $5,000, shall be made except 
upon sealed bids, which the Governor shall invite to be presented 
at such time and place, and upon such publication of notice as he 
shall deem meet, which bids shall be opened and accepted by 
this Board, which shall be convened by the Governor for the pur- 
pose. Adopted unanimously. 

It was moved and seconded, to adjourn to meet at the call of 
the Governor. Carried unanimously. 



April 22, 186L 
Officers met at Executive Chamber at 1 o'clock P. M., pursuant 
to written notice. 



12 [Assembly 

Present — Governor, Comptroller, Secretary of State, Attorney 
General, Treasurer, State Engineer and Surveyor — 6. 

Absent — Lieut. Governor — 1. 

Secretary read the minutes of the two previous meetings, which 
were approved. 

Mr. Secretary Jones stated, that having been absent from 
Albany for some days, he had not received the notice to attend, 
and was therefore unable to attend the previous meetings of the 
Board. 

As a matter of imformation, the Governor reported that on the 
I7th instant, he ordered the 7th regiment to proceed to Wash- 
ington in conformity with the requisition of the President, and 
report to the Presiden t of the United States. 

Also, that on the morning of the 19th instant, the Governor 
telegraphed Mr. Cameron, as follows : 

" The seventh regiment leaves for Washington to-day, I can 
send immediately to Washington additional regiments of our 
present militia force. Shall I do so ? or wait for volunteer 
regiments." Hearing nothing from him, he ordered the 6th, 
12th and 7lst regiments of New- York, and the 25th regiment of 
Albany to Washington. In less than half-an-hour after doing so 
he received the following dispatch from Mr. Cameron : " Wait 
for further directions." He stated that the Gth, 12th, and Ylst 
regiments left New York yesterday by steamer for Washington, 
mustering about 2,600 men. They with the Massachusetts and 
Rhode Island troops were taken down the bay in six steamers. 
Communication by telegraph being cut off to Washington, the 
Governor yesterday while in New York made request by letter 
to Commodore Breese for the Harriet Lane to convoy the trans- 
ports for troops. He stated in reply that the wish had been 
anticipated, and that her commander reported her ready for sea. 
The Governor stated that on Saturday about 6 o'clock, he re- 
ceived orders from the Secretary of War to make requisition on 
the Springfield armory for arms. He accordingly ordered 8,000, 
3,000 for Albany, and 5,000 for New York. 

Having received no information from the War Department 
about arms and uniform the Governor stated that he had sent a 
special messenger to Washington to learn, first in relation to 
arms, also to learn specially about the uniforms ; to know if 
General Government would uniform troops of this State. He 
also stated that he had made requisition on Springfield Armory 



No. 15.] 13 

at six o'clock Saturday evening for approved Minnie muskets. 
That 10,000 had been ordered to New York, 8,000 to Albany 
and 5,000 to Elmii-a. The Governor stated that he had ordered, 
in addition to those before named, the 8th and 69th regiments 
from New York, and the 13th and 28th from Brooklyn to proceed 
at once to Washington. Adjutant General was about making 
report of offers of service ; pending which several gentlemen 
entered the room. The Governor informed the meeting that a 
Board of officers, consisting of General Jackson, Colonel Milleri 
Major Gates and Major Talmadge, had been requested to make 
a report on the subject of uniforms. lie stated that the gentle- 
men who had just come in comprised the Board on Uniforms. 
Inspector General Jackson, on behalf of the Board, stated they 
had a report ready. 

On request the report was read by Inspector General Jackson, 
as follows : 

The Board convened, by order of the Commander-in-chief, to 
determine upon a plan for uniforming and clothing the volunteer 
militia, to be raised pursuant to the act of April IGth, 1861, do 
report as follows : 

That the uniform of the troops should consist 

1st. Of a jacket of dark army blue cloth, cut to flow from the 
waist and to fall about four inches below the belt. The coat to 
be buttoned with eight buttons, from the throat to the waist- 
The collar to be a low standing collar. The buttons are to be 
those of the State militia. Four sizes of jackets will be required. 
The Quartermaster General will furnish a sample of the jacket. 

2d. Of trowsers, to be made of light army blue, cut full in the 
leg and large around the foot. Four sizes of trowsers will be 
required. The Quartermaster General will furnish a sample of 
the trowsers. 

3d. Of an overcoat of light army blue, of the pattern worn 
by the United States infantry. Four sizes of overcoats will be 
required. The Quartermaster General will furnish a sample of 
the overcoat. 

4th. Of a fatigue cap of dark blue, with a water-proof cover, 
to be made with a cape which will fall to the shoulder. Tho 
cover to be buttoned at the visor, and furnished with strings, so 
that it may be tied under the chin. A sample of the cap, cover 
and cape will be furnished by the Quartermaster General. The 
State button will be used for the jacket, overcoat and cap. 



14 [Assembly 

Each soldier should be provided with two canton-flannel shirts, 
two pair canton-flannel drawers, two pair woolen socks, one pair 
stout cowhide pegged shoes, and one double Mackinac blanket. 

The cost of the uniform and clothing will be, in the opinion of 
the Board, about $26. It may somewhat exceed this, if the great 
demand for the article needed creates a proportionate rise in 
their market value. 

The Board have ordered to be made samples of the jacket, 
trowsers and cap, and also a sample of a blouse, which may be 
substituted for the jacket. These samples will be ready for in- 
spection at six o'clock this evening. 

The Board would suggest that the commissioned oflScers of this 
force be uniformed according to the bill of dress for ofiicers al- 
ready established by the general regulations. 

As it is a matter of doubt whether the U. S. Government will 
furnish the troops with knapsacks, haversacks and canteens, the 
Board suggests that they be purchased at once by the Govern- 
ment. 

All of which is respectfully submitted. 

^ WM. A. JACKSON, Inspector General. 
D. M. TALMADGE, Major, 
T. W. MILLER, Colonel commanding 

20tli Regiment. 
T. B. GATES, Major lUh Regiment, 

Dated at Albany, April 22d, 1861. 

The Treasurer moved that the State furnish a uniform for the 
volunteer militia now mustering into the service of the State. 
Adopted unanimously. 

The Comptroller moved that the uniform be in accordance with 
the report of the Board on uniform, just submitted. 

The Attorney General offered an amendment which was accept- 
ed by the Comptroller, that flannel undershirts and drawers be 
substituted for the canton-flannel named in the report. 

Motion was now on resolution of Comptroller as amended by 
Attorney General, and, being put, was adopted without dissent. 
The Governor ordered, under direction of the Board, by tele- 
graph, the following, through Geo. D. Morgan of New York city, 
" Purchase 350 Sharpe's carbines, and the 50 Enfield rifles." 

The Attorney General prepared a paragraph for the agent of the 
associated press, inviting competition for proposals for uniform 



No. 10.] 15 

and clothing in the following words. Proposals are invited for 
the immediate furnishing of uniforms and clothing for 12,000 
New York volunteers, to be made at the Capitol on the 23d inst., 
at 1 o'clock P. M. Specifications of the articles required can be 
found at the Quartermaster General's office in Albany. 

The Governor inquired whether we should aid such of our 
present organized militia regiments as are ordered away to Wash- 
ington. They say they want $3,000, $i,000 or $5,000 each. 

To answer this, the Attorney General submits the following 
resolution, which on motion was unanimously adopted : 

Resolved, That the Governor be, and he hereby is authorized 
to supply in his discretion necessary arms, equipments and sup- 
plies for the uniformed militia which he shall order into service 
before the volunteer force are ready for service, and to certify 
the items of expense so incurred to the Comptroller, who is here- 
by directed to draw his warrant on the Treasurer therefor in 
favor of the party specified in such certificate. 

The Adjutant General was now called upon to report the num- 
ber of companies that had presented themselves for acceptance. 

He stated that eighty-two companies had applied, and pre- 
sented a report in writing. During the discussion of the ques- 
tion of accepting the services of companies, the Governor stated 
that he had issued the following proclamation. 

PROCLAMATION. 

By Edwin D. Morgan, Governor of the State of Mew York. 

The President of the United States, by proclamation, and 
through the Secretary of War by formal requisition, has called 
upon this State for a quota of seventeen regiments of seven hun- 
dred and eighty men each, to be immediately detached from the 
militia of this State to serve as infantry or riflemen for a period 
of three months, unless sooner discharged. Now, in conformity 
with the aforesaid demand, and by virtue of the act of the Legis- 
lature of this State, passed on the 16th day of April instant, en- 
titled, " An act to authorize the embodying and equipment of a 
volunteer militia, and to provide for the public defence," and the 
power vested in me by the Constitution and laws, I do call for 
the aforesaid quota, consisting of six hundred and forty-nine offi- 
cers and twelve thousand six hundred and thirty-one men, form- 
ing an aggregate of thirteen thousand two hundred and eighty. 
The organization of this force to bo in conformity with article 



l6 [Assembly 

leven, section two, of the Constitution of this State, and with 
the rules and regulations embraced in general orders, number 
thirteen, promulgated this day. The rendezvous for this State 
will be at New York, Albany, and Elmira, head-quarters at 
Albany. 

In witness whereof, I have hereunto affixed the privy seal of the 
[l. s.] State, this eighteenth day of April, in the year of our 
Lord, one thousand eight hundred and sixty-one. 
By the Governor, 

EDWIN D. MORGAN. 
LocKwooD L. Doty, Private Secretary. 

And that he had directed the promulgation of general order, 
No. 13, as follows, without any action. 

GENERAL HEAD-QUARTERS, ^ 

STATE OP NEW YORK: . 

Adjutant-General's Office, i 

Albany, ^pril 18, 1861. J 

General Orders, JYo. 13. 

I. The President of the United States having made a requi- 
sition upon the State of New York for an aggregate force of 
13,280 men, under the act of Congress approved February 28, 
1795, " for calling forth the militia to execute the laws of the 
Union, suppress insurrections, repel invasions, &c.," the Com- 
mander-in-Chief, in accordance with an act passed by the Legis- 
lature of this State, April 16, 1861, entitled, " An act to authorize 
the embodying and equipment of a volunteer militia, and to 
provide for the public defence, hereby directs the organiza- 
tion and enrolment of the quota so called for, in the following 
manner : 

II. The forces will be divided into : 

Two divisions, 

Four brigades. 

Seventeen regiments, and 
One hundred and seventy companies ', and will comprise two 
Major-Generals, with two Aids-de-Camp (rank of Major); two 
Division Inspectors (rank of Lieutenant-Colonel) ; four Briga- 
dier-Generals, with four Aids (rank of captain) ; four Brigade 
Inspectors (rank of Major) ; seventeen Colonels : seventeen 
Lieutenant Colonels ; seventeen Majors ; seventeen Adjutants 
(rank of Jjieuteuant) ; seventeen Regimental Quartermasters 



No. 15.] n 

(rank of Lieutenant) ; seventeen Surgeons ; seventeen Surgeons' 
mates ; seventeen Sergeant-majors ; seventeen Drum-majors ; 
seventeen Fife-majors ; and each company will comprise one 
captain, one lieutenant, one ensign, four sergeants, four corpo- 
rals, two musicians and sixty-four privates. 

III. The force volunteering under the provisions of the said 
act will he enrolled for the term of two years, unless sooner dis- 
charged. 

ly. Privates and non-commissioned officers below the age of 
18 years, or above the age of 45 years, will not be enrolled as 
volunteers, nor will any person of any age who is not " in physi- 
cal strength and vigor." 

V. Company rolls, in the form prescribed by the Adjutant 
General (who upon application will furnish the same), must be 
signed by those volunteering, who shall indicate upon these rolls 
the names of the persons they shall desire to be commissioned as 
captains, lieutenants and ensigns of their respective companies. 
The persons thus indicated for the several company offices will, 
in like manner, specify upon the same rolls the names of the per- 
sons as field officers under whom they desire to serve. When- 
ever any such roll shall have been signed by at least thirty-two 
persons, and not more than seventy-seven, inclusive of the indi- 
cated commissioned officers of the company, it shall be trans- 
mitted to the Adjutant General, who, upon its approval by the 
Commander-in-Chief, will direct some proper officer to inspect the 
company making the return, and to preside at an election, to be 
determined by written ballot, for the choice of persons to fill the 
offices of captain, lieutenant, ensign, four sergeants and four cor- 
porals. Upon the return of such inspection and election, the 
Adjutant General will transmit to the officers so elected their 
commissions and warrants, with a notification that the company 
has been accepted into the service of the State, pursuant to the 
above mentioned act, and will also direct the commandant of the 
company to report himself and his command to such Brigadier 
General as he may designate in charge of a depot of volunteers. 

VI. Upon the assembling, at any designated depot, of six or 
more companies, thus organized, who shall have indicated the 
same persons as their choice for the field officers of the regiment 
to which they desire to be attached, the Brigadier General in 
charge, will direct the assembling of their commissioned officers 
for an election, at which he shall preside, to determine, by writ- 

[Assem. No. 15.] 2 



18 [Assembly 

ten ballot, the choice of persons to fill such field offices. Should 
it so happen that companies assembled at any depot, without 
having indicated a preference for their field officers, on the re- 
porting of at least six of such companies, the Brigadier General 
in charge will, in like manner, direct the assembling of their 
commissioned officers for an election to fill the field offices of such 
regiment, and make return of these elections to the Adjutant 
General, for the commissions of the officers elected, who will at 
once be assigned to their respective regiments. 

VII. Should any additional companies of men be necessary to 
complete the organization of a regiment, it shall be recruited to 
its full complement and be mustered by the Inspector General, 
and turned over by him to the authorities of the United States. 

VIII. The pay and rations of the general officers, staff officers 
of the divisions and brigades, and of the field and staff officers 
and non-commissioned officers of regiments, shall commence from 
the date of their commissions or warrants. That of the com- 
pany officers, non-commissioned officers, musicians and privates, 
will commence from the date of the notification of the accept- 
ance of the company by the Commander-in-Chief. The pay and 
rations will be the same as those of the officers and men of the 
same grade in the army of the United States, which will be dis- 
continued on the part of the State when the force shall be mus- 
tered into the service of the General Government, and be 
resumed again by the State on the return of the force to the 
State authorities. During the time the force is in the service of 
the United States the pay and rations will be furnished by the 
General Government. 

IX. The requisite clothing, arms and accoutrements will be 
furnished at the expense of the State or the United States, to 
the non-commissioned officers, musicians and privates. 

By order of the Commander-in-Chiof. 

J. MEREDITH READ, Jr., Adjutant General. 

The Board, on motion of the Comptroller, took a recess for one 
hour. 

3| P. M. 

Present, as before. 

In answer to a question the Governor replied that the accept- 
ance of companies was formal, so far as the same was possible. 
The Governor stated that it was necessary to have the ofiicers 



No. 15.] 19 

present all the while. That if absent he should feel it his duty 
to accept the companies as they presented themselves under the 
provisions of general order No. 13. This position was dissented 
from by members of the Board, who held that as the law of April 
16th conferred joint authority, it could not be exercised by a 
single member. 

On the enquiry of the Secretary of State the Governor stated 
that he should deem the Comptroller, or any officer, in the ab- 
sence of all the others, officers composing the Board, or even the 
Adjutant General acting for him, as authorized to accept the ser- 
vice of volunteer companies. On motion, the Board took a recess 
till six o'clock. 

April 22d, 1861—6 o'clock, P. M. 

Present, as before. 

The Governor proposed that the State employ an agent to go 
to Europe. on the Persia, which sails on Wednesday next, to pur- 
chase Minnie rifles. The consideration of this question was post- 
poned until to-morrow. 

The Governor stated that he deemed it proper, in the present 
situation of public affairs, that the full complement of 30,000 
named in the law of April 16th, be organized at once ; that it 
was no time to delay their organization until the enemy was at 
our door. He, therefore, proposed to organize the balance of the 
force authorized by the act of April 16th, entitled "An act to 
authorize the embodying and equipment of volunteer militia, 
and to provide for the public defence," which suggestion was 
adopted unanimously. 

The Treasurer offered the following resolution : 

Resolved^ That officers of engineer and a corps of sappers and 
miners be attached to the volunteer force ; the said officers to 
be appointed, and the said corps organized under the provisions 
of the law of April 16, 1861. Withdrawn. 

The Comptroller offered the following resolution : 

Resolved, That as soon as a sufficient number of companies of 
volunteers have their fidl complement of seventy-eight men each, 
including officers, this Board will proceed to pass upon the ac- 
ceptance of such companies ; and that when a sufficient number 
of companies, fully organized, are accepted, this Board will pro- 
ceed to divide them into regiments and designate the companies 
to compose each regiment ; and that the companies accepted by 



20 [Assembly 

the Governor since tlie last meeting of the Board, will, when 
filled, be distributed into regiments by resolution of this Board. ^ 

Ayes and noes being called for, the clerk proceeded to call the 
roll, and it was adopted, the following being the vote : 

Ayes — Secretary of Stale, Comptroller, Attorney General, 
State Engineer, and Treasurer — 5. 

Noes — the Governor — 1. 

And was declared carried by the chair. 

The Secretary of State moved to adjourn to one o'clock to- 
morrow. Carried. 



April 23, 1861—1 o'clock, P. M 

Officers met pursuant to adjournment, at the Executive Chamber. 

Present — the Governor, Comptroller, Secretary of State, At- 
torney General, State Engineer and Surveyor, and Treasurer — 6. 

Absent — the Lieutenant Governor — 1. 

Minutes of the previous meeting were read and approved. 

The Governor received a letter from George D. Morgan, in re- 
lation to the purchase of Minnie rifles in Europe. Pending the 
consideration of which, the Secretary of State submitted the fol- 
lowing resolution : 

Resolved, That, with a view to greater efficiency and despatch 
in mustering volunteers into the service of the State, under the 
late act of the Legislature providing for that purpose, the Gov- 
ernor is hereby authorized and empowered by this Board, in any 
case of emergency that may hereafter arise when a meeting of a 
majority of this Board cannot speedily be obtained, to accept into 
the service of the State such companies as, when completed in 
conformity with the terms of the resolution yesterday adopted by 
this Board, shall apply therefor. 

Which was adopted, the Governor alone dissenting. 

On motion of the Secretary of State, it was unanimously 

Resolved, That a committee of tl:(is Board be appointed by the 
Governor, to proceed forthwith td the city of New York with 
instructions to employ an agent for the purpose of taking the first 
steam conveyance to Europe, there to purchase for the State, on 
commission or otherwise, 25,000 of the Minnie rifle musket, or 
other approved musket, with bayonet attached, and that all the 
expense incidental to such purchase be borne by the State. 

Under authority of the foregoing resolution, the Governor ap- 



No. 15.] 21 

pointed the Secretary of State, Comptroller, and Attorney Gen- 
eral, as such committee. 

Captain Schriver and Captain Sitgreaves having been invited 
to submit an estimate of the cost of furnishing accoutrements 
for thirty-eight regiments of volunteers, submit the following aa 
their report : 

Thirty-eight regiments — Infantry Accoutrements. 

' Cartridge boxes; 

do belt and plates ; 

28,000 , Bayonet, scabbard and frog ; 

^o AAA I Waist belts and plate ; 
28,000 ^ 1 1-1 

Cap-pouch and pick ; 

1^ Gun-sling — at an average of $3.36. 
2,500 non-commissioned ofl&cers and men's swords and waiat- 
belts, complete, at $1.69. 



28,000 knapsacks, at $1.87^. 

28,000 haversacks, drilling, at 22c. 

Accoutrements $94,080 

Non-commissioned 4,225 

Knapsacks 52,360 

Haversacks 6,160 



$156,825 



They also submit the following estimate of the cost of tents 
For a Regiment. 



90 soldiers' tents. 




16 oflScers' tents. 




38 regiments. 


38 


90 


16 


3,420 men's. 


228 


5 


38 



3,425 608 officers. 

===» 2 



610 



The Comptroller offered the following resolution : 
Resolved, That accoutrements and equipments as per the an- 
nexed schedule, be purchased under the direction of the Gover- 
nor, which was unanimously adopted. 



22 [Assembly 

On motion of the Secretary of State, it was unanimously 

Resolved, That a committee consisting of the Governor, Treas- 
urer, and State Engineer be, and they hereby are appointed to 
open and examine the bids for uniforms, and award the contracts 
therefor. 

The Comptroller offered the following resolution which was 
unanimously adopted : 

Resolved, That 1,000 common tents and 250 wall tents, be 
purchased under the direction of the Governor. 

On motion of the Comptroller, the Board adjourned to one 
o'clock to-morrow. 



April 24, 1861—1 o'clock, P. M. 

The officers met pursuant to adjournment, at the Executive 
Chamber. 

Present — the Governor, Lieutenant Governor, and Treasurer 
—3. 

There being no quorum present, the Board, on motion of the 
Treasurer, adjourned to six o'clock this afternoon. 

6 o'clock, P. M. 
Present — the Governor, Lieut. Governor, and Treasurer — 3. 
There being no quorum present, the Board, on motion of the 
Treasurer, adjourned to nine o'clock to-morrow morning. 



Executive Chamber, JJjjril 25, 1861 — 9 o'clock, A. M. 

Officers met pursuant to adjournment. 

Present — The Governor, Lieutenant Governor, Comptroller, 
Treasurer, and Attorney General — 5. 

Absent — Secretary of State, and State Engineer and Sur- 
veyor — 2. 

The minutes of two previous meetings were read and ajjproved. 

The committee appointed to visit New York for the purpose of 
employing an agent to go to Europe to purchase arms having 
returned, and in the absence of the Chairman, through the Attor- 
ney General, reported that the committee proceeded to New York 
on the day of their appointment, and after due consideration, 
closed the contract at 1 o'clock P. M., on yesterday, with Mr. 
Jacob R. Schuyler, of the firm of Schuyler, Hartley & Graham, 
who was to sail in the steamer Persia, at 2 o'clock, P. M., the 
same day. 



No. 15.] ^ 23 

The committee submitted an agreement between this State and 
the firm of Schuyler, Hartley & Graham, in the following words: 

Memorandum of agreement made this twenty-fourth day of 
April, 1861, between the State of New York, acting by its Sec- 
retary of State, Comptroller and Attorney General, a committee 
of its Board of officers thereto duly authorized by act of its Legis- 
lature, entitled, " An act to authorize the embodying and equip- 
ment of a volunteer militia, and to provide for the public de- 
fence," passed April 16th, 1861, of the one part, and Schuyler, 
Hartley & Graham, of the city of New York, of the other part, 
witnesseth : 

That said Schujder, Hartley & Graham, on their part, agree to 
despatch Mr. Jacob R. Schuyler, one of their firm, to Europe by 
the steamer Persia, this day, who shall, with the utmost diligence, 
purchase for the said State twenty-five thousand stand of arms, 
to be complete, perfect and of the most approved and efficient 
modern pattern, to be Minnie or Enfield rifles, or rifled muskets, 
with bayonets attached, in such proportion as he can procure, 
either in market or from the armories of England or Fraece, if 
he can procure them from those sources, together with an adequate 
quantity, in his discretion, unless hereafter limited by order from 
the officers of the State, of fixed ammunition appropriate to be 
used with said arms, and to ship the same from time to time, as 
fast as the same can be procured, to the city of New York or 
Boston, by British steamers only, consigned to the Bank of Com- 
merce; each shipment of arms to be accompanied by its appro- 
priate proportion of said ammunition. 

It is agreed that said Schuyler may purchase two thousand 
stand of arms, which he has already agreed to purchase for the 
State of Ohio, but that all the other of said arms he may pur- 
chase, or can or shall in any manner purchase or procure, shall 
be for the said State of New York, and the property thereof un- 
til the full number above-mentioned shall be supplied and de- 
livered to said State. 

In case said arms cannot be found for purchase, then said 
Schuyler is authorized to engage their manufacture in Europe, 
if he can contract for their delivery within three months from 
the date of this agreement, or for such proportion as he can pro- 
cure to be manufactured within that time, at the same time en- 
gaging the refusal of the manufacture beyond that time, if de- 
sired by the State to complete the above specified number, the 



24 [Assembly 

pleasure of the State to be made known within a convenient 
time after being advised of the contract made by said Schuyler, 
Hartley & Graham. 

The State of New York herewith furnish to said Schuyler, 
Hartley & Graham a letter of credit, drawn by the Bank of Com- 
merce, upon Messrs. Baring Brothers, for the funds deemed neces- 
sary to complete said purchase, not to exceed four hundred 
thousand dollars, and hereby agree to pay and allow to the said 
Schuyler, Hartley & Graham the commission of two and one-half 
per centum upon the purchases made by them hereunder, in full 
for all costs, charges, expenses or claims to be incurred or made 
by them for the service aforesaid. And they hereby agree to 
use their utmost care and skill to purchase said property at the 
lowest practicable price, and in the shortest time, and of the best 
quality. 

D. R. FLOYD JONES, Secretary of State. 

ROBERT DENNISTON, Comptroller. 

CHAS. G. MYERS, Attorney General. 

SCHUYLER, HARTLEY & GRAHAM. 
The committee submit also a copy of a letter of request from 
the committee to Mr. Schuyler, as follows : 

(Copy.) 

New York City, ^pril 25, 186L 
Dear Sir — You are hereby requested to act in harmonious co- 
operation, as far as practicable, with such agent or agents from 
Massachusetts and other loyal States, as have been sent to 
Europe on a similar mission to yours, so that rivalry and com- 
petition between such agents may not operate to increase the 
price of arms, and thus affect injuriously the object of your mis- 
sion and theirs. 

Yours^ respectfully, 

D. R. FLOYD JONES, 
ROBERT DENNISTON, 
CHAS. G. MYERS. 
Jacob R. Schuyler. 

After fully detailing the circumstances connected with their 
duty, the chair stated that the question is on accepting the re- 
port and approving the foregoing contract, which was on motion 
accepted and unanimously affirmed. 



No. 15.] 25 

The Governor reported that he had written a letter to Lord 
Palmerston, asking him under the present condition of public 
affairs in this country, to sanction the purchase of arms by the 
agent employed by the committee. (Copy on file.) 

The Governor submitted the following letter from the Water- 
vliet Arsenal : 

Watervliet Arsenal, April 24, 1861. 
Hon. E. D. Morgan, Goveriior State of JYew York: 

Sir — The bearer, Mr. Rankin, a member of the common council 
of the city of Troy, and chairman of a committee of investigation, 
&c., &c., will explain his business. The bullet machine they 
have found in the hands of a so-called traitor, (I know nothing 
as to the facts of the case) is one of our improved machines, 
and made after our patterns. It would be a valuable property 
for the State of New York, as cartridges cannot be made fast 
enough at this post to meet the demand. 

Very respectfully, your obedient servant, 

GEO. C. STRONG, Lieutenant of Ordnaiice. 

(Bullet machine was ordered by S. D. Roberts, Cr., F. W. 
Parmenter, Troy.) 

After hearing the letter read, the Lieutenant Governor moved 
that a committee consisting of one member of the Board be 
appointed by the Governor to proceed to Troy to investigate the 
charges made therein, and to report the fact to this board. 
Motion adopted, and the Governor appointed the Lieutenant 
Governor as such committee. 

Attorney General submitted Mr. Van Wart's price list of guns, 
shot and shell, and cartridges. Ordered on file. 

The Governor submitted the following proposition of Mr. 
Corning, which on motion of the Comptroller was accepted. 
"Mr. Corning, President of the Central Railroad, proposes to 
bring all troops passing over the New York Central Railroad at 
the rate of 60 percent of the regular fare." 

Rejected volunteers will be returned free over the road on 
producing proper certificates of rejection. 

The officers of the road are permitted by the Governor to 
carry no one at the expense of the State unless they have been 
ordered to their rendezvous. 

The Governor, who was authorized by resolution to purchase 
accoutrements and equipments, reports that he has ordered the 



26 [Assembly 

publication of the following advertisement in the New York 
daily papers : 

PROPOSALS FOR MILITARY STORES. 

STATE OF NEW YORK, ] 

Commissary General's Office, j- 
New York, Jipril 20, 1861. J 
Sealed proposals will be received at this office on the corner of 
seventh avenue and thirty-fifth street, until 12 o'clock M., on the 
26th of April, for furnishing the following infantry accotitrements 
and equipments (army pattern) to be furnished to the volunteer 
troops of the New York State Militia; 3,000 of which must be 
delivered (except the non-commissioned sword-belts) by the 30th 
of April, at such places as may from time to time be designated 
by the Commissary General : 
28,000 cartridge boxes, 
28,000 cartridge box belts and plates, 
28,000 bayonet scabbards and frogs, 
28,000 waist belts and plates, 
28,000 cap pouches and picks, 
28,000 gun slings, 

28,000 knapsacks (india rubber vulcanized ) 
28,000 haversacks, 
2,500 non-commissioned officers and musicians swords and 
waist belts, complete. 
The bids will state the price at which each of the aforemen- 
tioned articles will be furnished. All bidders are requested to 
meet at the Commissary General's office, on the 26th of April, at 
12 o'clock, to learn who are the successful bidders who must be 
able to give at once full and sufficient security for the faithful 
performance of their contract. 

BENJAMIN WELCH, Jr., 

Commissary General. 

The Governor stated that the two companies named below 
were on yesterday on conference with the Lieutenant Governor 
and Treasurer, accepted, although their numbers were not yet 
full. 

CHARLES E. BRIMHALL, CapL, Troy. 

SAMUEL KING, Capt., Lansingburgh. 

The Governor submitted a communication from Judge B. F. 
Hall, of Auburn, relative to the equipment of the Cayuga regi- 
ment of volunteers. 



No. 15.J 27 

The Treasurer from the committee appointed to open the bids 
for uniform, and to award the contract, reports : 

The contracts for the uniforms and clothing for the volunteer 
force created by the law of April 16, 1861, were awarded as 
follows : 

For Uniforms. 

Consisting of overcoat, jacket and trowsers, to be made accord- 
ng to the samples in the Quartermaster General's office. 

The contract for 12,000 of each Avas awarded to Brooks 
Brothers of New York city, at $19.50 for each complete uniform, 
the uniforms to be delivered at the rate of 2,000 a week. 

For Caps. 

To be made according to the sample in the Quartermaster 
General's office, the contract for 12,000 was awarded to J. G. 
Cotrell & Son at $12 per dozen, the caps to be delivered in twen- 
ty days. 

This contract, by consent of the committee, was divided equally 
between J. G. Cotrell & Son, and J. H. McDonald, Jr., both of 
the city of Albany. 

For Woolen Socks. 

To be made according to the sample in the Quartermaster Gen- 
eral's ofjfice. The contract was awarded to Van Sickler & Forby, 
and Strong Brothers & Co., of the city of Albany, for 20,000 
pairs, at an average of $2.62 per dozen, all to be delivered in 
twenty days. 

For Drawers and Shirts. 

To be made according to the sample in the Quartermaster 
General's office. The contract for 20,000 of each was awarded 
to Van Sickler & Forby, and Strong Brothers & Co., at the price 
of $5.50 per dozen for each, to be delivered in twenty days. 

For Shoes. 

To be made according to sample in the Quartermaster Gene- 
ral's office. The contract for 12,000 pairs was awarded to G. A. 
Wolverton & Co., Albany, at $1.25 per pair, to be furnished in 
twenty days ; and the contracts were duly entered into for the 
same. Report accepted and contracts confirmed. 

The Governor submitted the draft of a general order for con- 
sideration of the Board, and also a draft of a proclamation, which 
last was approved, and is in the following words : 



28 [Assembly 

PROCLAMATION. 
By Edwin D. Morgan, Governor of the State of JVew York: 
Under the authority of an act, entitled " An act to authorize 
the embodying and equipment of a volunteer militia, and to pro- 
vide for the public defence," passed by the Legislature of this 
State on the 16th day of April inst., and in compliance with the 
formal determination of the officers named in the said act, I do 
hereby call for twenty-one regiments of volunteer militia, of 780 
men each, in addition to the number already called for by my 
proclamation, under date of the 18th of April instant, and I do 
hereby require that the volunteer militia force shall hereafter be 
organized and accepted in conformity with section 2 of the Con- 
stitution of this State, and with the rules and regulations in 
general order No. 17, issued this day. 

In witness whereof, I have hereunto affixed the privy seal 
[l. s.] of the State, at the city of Albany, this twenty-fifth 

day of April, in the year of our Lord, 1861. 
By the Governor, 

E. D. MORGAN. 
LocKwooD L. Doty, Private Secretary. 

Pending the consideration of the draft of the general order, 
the Governor offered the following resolutions : 

Resolved, That the present emergency demands from this Board 
a liberal construction of the act entitled " An act to authorize 
the embodying and equipment of a volunteer militia, and to pro- 
vide for the public defence," in regard to the acceptance of vol- 
unteer militia under said act, and that anything tending to 
repress the spirit of enlistment, now so manifest, should be 
avoided. 

Resolved, That the regulation prescribed in general order No. 
13, issued under direction of the Governor by the Adjutant Gen- 
eral on the 18th instant, and which order is in accordance with 
the militia law of this State, as it tends to encourage enlistment, 
be continued with respect to the remainder of the 30,000 volun- 
teers authorized to be enrolled by the act above referred to with 
the exception that the order be so changed as to leave to the 
Board of State officers, named in the act, the accepting of such 
volunteer companies. 

Before the question was taken, the Attorney-General offered the 
following as a substitute for the resolutinn oiFered by the Gov- 
ernor : 



No. 15.J 29 

Resolved, That in the opinion of this Board, the act of April 
16, 1861, is too plain to need construction in two particulars : 

1st. That the Board, and not the Commander-in-chief, are to 
accept the service of the volunteers. 

2d. That the officers thereof (except vacancies occurring while 
in service out of the State), are to be elected by the written votes 
of the company as to company officers, and of the commissioned 
officers as to regimental. 

That General Order No. 13 violates this law in both particu- 
lars. It does not contemplate the acceptance of the volunteers 
by the Board, but only by the Commander-in-chief, acting through 
his staff. It evades, or at least greatly embarrasses the free ex- 
ercise by the men of their right to elect their officers, by requiring 
from them in advance a written indication of their preferences 
for company and field officers. 

The provisions of that order also allowing companies of thirty- 
two to elect company officers, and six of such companies to elect 
regimental officers, are deemed objectionable, as allowing those 
near the public offices an opportunity to forestall all the import- 
ant offices by the formation of skeleton regiments, as tending to 
delay and embarrass the efficient organization of the force instead 
of facilitating and expediting it, owing to the natural repugnance 
of spirited young men to volunteer in companies and corps in 
which the official prizes have all been anticipated by others more 
vigilant or more fortunately located ; and also because it throws 
upon the State the unnecessary expense of maintaining such skel- 
eton organizations until they can, under svich adverse circum- 
stances, be recruited to their complement. 

The motion was on the acceptance of the substitute offered by 
the Attorney General, which, on being put by the chair, was de- 
cided in the affirmative, as follows : 

Ayes — the Lieutenant Governor, Attorney General, Comptrol- 
ler, and Treasurer — 5. 

Noes — the Governor. 

The question was now declared to be on the resolution offered 
by the Attorney General. All voting voted aye, the Governor 
declining to vote. 

The Adjutant General having announced that a volunteer com- 
pany, with full ranks, had just arrived from Ogdensburgh, the 
Attorney General moved that the company of volunteers from 
Ogdensburgh, commanded by Captain Nevins, be accepted, which 



30 [Assembly 

motion was carried. (Lieutenant Governor Campbell in the 
chair.) 

The Attorney General offered the following resolution : 

Resolved, That the provision of general order No. 13, so far 
as it allows the acceptance of companies not full be continued 
and allowed as applicable to the first seventeen regiments of said 
volunteers only ; provided that the officers indicated for any 
company be not commissioned until the company is full ; and in 
case the troops are required to march from the rendezvous for 
service before the companies are filled, then the Board reserves 
tlie right to consolidate the respective companies so as to form 
full companies, and in case of consolidation, new election of com- 
pany officers shall be held under the direction of the Governor, 
and the officers so elected shall receive commissions ; which was 
adopted unanimously. 

The Attorney General moved that the six Herkimer companies 
(Ladue's), and the two Troy companies, under Brintnall and 
King, respectively be accepted under the provisions of the reso- 
lution just adopted. Carried. 

It was on motion 

Resolved, That the Treasurer proceed to New York, there to 
confer with the Assistant Quartermaster General Arthur, and 
Major Patrick in regard to uniforms, and also, that he be a com- 
mittee in conjunction with the Commissary General to open and 
award the contracts for accoutrements now advertised for. 
Carried. 

On motion of the Lieutenant Governor, it was 

Resolved, That in case the Treasurer cannot obtain the con- 
sent of Brooks Brothers to release so much of their contract as 
to enable the State to procure from other sources, and which 
shall form a part of the 12,000 uniforms ordered ; that he be 
authorized to obtain th7'ee thousand uniforms in addition to the 
number already authorized by contract, provided that he shall 
obtain from the parties from whom he procures the uniforms 
proper security that the work shall be done in the same manner, 
of the same quality, material, and at the same prices as is argeed 
to be done by Brooks Brothers, to be furnished within three weeks 
time. 

On motion of the Lieutenant Governor, the Board adjourned 
to 10 o'clock A. M., to-morrow. 



No. 15.] 31 

Executive Chamber, Jipril 26, 1861 — 10 A. M. 

The officers met pursuant to adjournment : 

Present — ^Thc Governor, Lieutenant Governor, Comptroller, 
and Attorney General — 4. 

Absent — The Secretary of State, State Engineer and Surveyor, 
and Treasurer — 3. 

The minutes of the previous meeting were read and approved. 

The Governor presented the following proposition from the 
president of the New York and Erie Railroad : 

New York, April 25, 1861. 

E. D. Morgan — Mr. Corning, president of the New York Cen- 
tral Railroad, informs me that lie has an-anged with you to tran- 
sport State troops at 60 per cent of the regular fare. I propose 
to do the same on the Erie road. If this meets your approval 
please give the necessary instructions. 

NATH'L MARSH, 
^ President ,JYew York and Erie Railroad. 

Which, on motion of the Comptroller, was accepted. 

The Governor submitted the following propositions from Gen- 
eral James : 

1. C. T, James proposes to ream and rifle all the field artillery 
of the State of New York, for the sum of fifty dollars per gun. 

2. The guns to be delivered at the expense of the State, at 
someplace to be selected by Mr. James in the city of New York. 

3. To furnish all the fixed ammunition shot and shell that may 
be required for said guns, at two dollars and twenty-five cents 
per round, ready for field service. 

4. The quantity of ammunition to be fixed, to start at two 
hundred rounds per gun, two-thirds shell, and one-third shot. 

5. The work to commence immediately, and to be executed 
with the least possible delay. 

6. Entire new rifle batteries can be furnished at short notice. 
Bronze guns rifled at fifty cents per pound. Carriages and 

equipments complete at the United States prices, and ammunition 
at prices named in article 3d. 

7. It is understood that the prices herein named, for rifling 
and for ammunition are based on six pounder field guns. Guns 
of larger calibre will be rifled and supplied with ammunition at 
prices to be hereafter agreed upon. 

Albany, April 26th. 

The Attorney General moved that this Board declines to ac- 



32 [Assembly 

cept proposition made by General James, for reaming and rifling 
cannon. Carried. 

The Attorney General offered the following resolution which 
was unanimously adopted : 

Resolved, That Colonel Delafield and Captains Sitgreaves and 
Schriver be requested to ascertain, and report to this Board, 
what number of rifled camions are necessary for the State forces 
to be called into immediate service : of what description these 
cannons should be ; when and where and at what prices they 
can be obtained, and any other matters which in their judgment 
should be brought to the attention of this Board in relation 
thereto, and if in their judgment necessary, to obtain a refusal 
of such guns until the Board can act on their report. 

The Lieutenant Governor, as the committee appointed to visit 
Troy, to ascertain and report the facts connected with the alleged 
manufacture of a bullet nxachine, after patterns furnished at the 
Watervliet Arsenal, reported that he had visited the arsenal and 
called upon Mr. Strong, the lieutenant of ordnance. That F. W. 
Parmenter, who was making the machine, was foreman some 
years ago in the U. S. Arsenal at West Troy. That his enquiries 
were favorable to the man's integrity. That Parmenter had 
shown a willingness to have a policeman present in his establish- 
ment, since the citizens had taken the matter in hand, and in 
other ways proved his intentions to be proper. He thought that 
Parmenter procured, through Major Mordecai, superintendent of 
the Arsenal, and Governor Floyd, Secretary of War, the right 
to manufacture the machine, and that he obtained the pattern 
and drawings of the machine at the Arsenal, and that he con- 
tracted Avitli S. D. Roberts, of New York, who was in the south- 
ern trade, to construct and furnish machine to him at $1,700. 
That the machine was nearly ready before the difiiculties com- 
menced. 

That Parmenter expressed a willingness to sell the machine, 
when fully completed, to the State for $1,Y00. That he con- 
sented to return the drawings and patterns, and will not suffer nor 
permit any one to take a copy of the drawings or models. That 
he was informed by Lieut. Strong that there were only three 
machines of the kind in existence, one of which was given to the 
Japanese Ambassador, one in Philadelphia, and the remaining 
one at the Watervliet Arsenal. That the vigilance committee of 
Troy have directed Parmenter to finish the machine under their 



No. 15.] 33 

charge, and concluded by saying that as the State would have 
no use for the machine after the present difficulties, he would re- 
commend that the Federal authorities be requested to purchase 
the machine for the General Government. 

The Lieutenant Governor offered the following resolution : 
Resolved, That a committee of this Board, to consist of one 
member thereof, be and he is hereby authorized to purchase for 
this State the bullet machine now in process of construction by 
Mr, F. W. Parmenter of Troy, at a price not to exceed $1,700 
when completed and fit for use. The completion of the same to 
be certified by Geo. C. Strong, lieutenant of ordnance at the 
Watervliet Arsenal. Adopted unanimously ; and the Governor 
appointed Lieutenant Governor Campbell as such committee. 

The Governor submitted the following communication from D. 
B. King : 

Waterford, N. Y., April 24, 1861. 
To His Excellency, the Governor of New York : 

Dear Sir — I have over one thousand cartridge boxes which I 
will deliver to your order. 

Yours, with respect, 

D. B. KING, 
per J. L. H. 

The Lieutenant Governor moved that the Governor accept the 
cartridge boxes referred to in the letter of D. B. King. Carried. 

The Governor moved that Col. Delafield and Capts. Schriver 
and Sitgreaves be a committee to report to this Board in regard 
to cavalry and artillery for the volunteer militia force. 

The Governor submitted the following letter from N. C. Bur- 
nap, which was ordered on the table : 

100 Chamber Street, ^pril 22, 1861. 
Hon. E. D. Morgan : 

Dear Sir — I have just received from Europe sample rifled mus* 
kets, made by the French government, and costing here about 
$20, paying the duties. I can have 1,000 of them here in sixty 
days, and afterwards they can be forwarded at the rate of 1,000 
per month. I know nothing of the present demand, its extent or 
the character of arms needed, but make this communication 
thinking it may be valuable. If rifled cannon are needed I can 
have them from the Royal manufactory of France, quite a num- 

[Assem. No. 15. [ 3 



S^ [Assembly 

ber at once. Referring you to Gen. Hall for the reliability of 
my Btatements, 

I remain, very respectfully, yours, 

N. C. BURNAP. 

It was moved and seconded that the Board adjourn to to-mor- 
row morning at 10 o'clock. Carried. 



Executive Chamber, April 2^th, 1861. 

Pursuant to adjournment the State officers met at 10 o'clock^ 
A. M. 

Present, the Governor, Lieutenant Governor, Comptroller and 
Attorney General. 

Absent, Secretary of State, Treasurer and State Engineer. 

The minutes of the previous meeting were read and approved. 

The Lieutenant Governor, as the committee charged to pur- 
chase the bullet machine now in process of construction by P. W. 
Parmenter, of Troy, reported that he had visited Troy, and that 
he had concluded a purchase, and submitted a contract for the 
same, viz : 

Memorandum of an agreement made and entered into this 26th 
day of April, 1861, by and between Flavel W. Parmenter, of the 
city of Troy, of the first part, and the Commissioners named in 
the act of the Legislature of the State of New York, entitled 
" An act to authorize the embodying and equipment of a volun- 
teer militia, and to provide for the public defence," passed April 
16, 1861, by Robert Campbell, one of the said Commissioners, 
duly authorized for that purpose, of the second. 
Witnesseth : 

First. The said party of the first part agrees to furnish, in a 
perfect and workmanlike manner, the bullet machine now in pro- 
cess of construction at his machine-shop, in the city of Troy, 
with the moulds and rollers attached or used with the said bul- 
let machine, so that the said machine, mould and rollers shall be 
as perfect as the bullet machine, moulds and rollers now in use at 
the Watervliet Arsenal, and to sell the said machine, moulds and 
rollers, v/hen so completed, to said parties of the second part, 
for the sum of one thousand and seven hundred dollars ; ^md the 
said party of the first part agrees to so furnish and complete said 
machine, moulds and rollers within ten days from date, and to 
deliver the same to said parties of the second part, or their 



No. 15.] 35 

agent, at any place they may designate in the city of Troy, West 
Troy or Albany, and to procure the certificate of George C. 
Strong, lieutenant of ordnance at the Watervliet Arsenal, that 
said machine, moulds and rollers are in good working order, and 
that the same are of equal finish and value of the bullet machine, 
moulds and rollers at said arsenal. 

Second. The said parties of the second part agree to pay to 
said party of the first part, for said bullet machine, moulds and 
rollers, when so completed and delivered as aforesaid, and after 
the said party of the first part shall have procured the certificate 
of said Strong as aforesaid, the sum of one thousand and seven 
hundred dollars, which sum is to be received in full payment 
therefor, and in full payment and discharge of the claims of any 
other persons having an interest in said machine, or the manu- 
facture of the same, or patent thereof. 

And the said party of the first part hereby agrees not to use 
the patterns or drawings of said machine, moulds or rollers, in 
making or constructing any other bullet machine, moulds or 
rollers for any other person or persons than the parties of the 
second part, without their consent or approval. 

In witness whereof, the parties to this agreement have hereto 
set their hands, the day and year above written. 

F. W. PARMENTER. 
R. CAMPBELL. 

Witness, George B. Warren, Jr. 

Report accepted and contract confirmed. 

The Attorney General moved that the sum of $500 be placed 
at the disposition of the Governor, for the purpose in his discre- 
tion of obtaining information connected with the public military 
service. Carried unanimously. 

Mr. Thomas W. Olcott entered and read a communication from 
Professor 0. M. Mitchell. 

The Governor presented a telegram from W. A, Wheeler and 
Col. W. H. Allen. 

It was moved by the Attorney General that the Board adjourn 
to 3 P. M. Carried. 

April 27—3 o'clock P. M. 

Present as before. 

The Attorney General moved that all volunteers rejected be 
retained at the depot until the proper time for them to leave for 
home, and that the proper officer furnish each rejected volunteer 



34 ' [Assembly 

a pass to get home, and that each be furnished the sum of one 
dollar per day for the time necessarily occupied in getting home. 
Carried. 

The Attorney General moved, that the proper officers at the 
Albany rendezvous be instructed by the Governor to procure 
8uch martial music for the depot as shall be proper and necessary. 
Carried. 

The Adjutant General submitted a list of such enrolled compa- 
nies as numbered 7Y men or over. No action. 

It was moved, seconded and carried, that when the Board ad- 
journs it adjourn to Monday, 10 'clock, P. M. 

The Treasurer, who was appointed a committee to proceed to 
New York, there to confer with Assistant Quartermaster General 
Arthur and Major Patrick in regard to uniforms, reports that the 
New York market could not supply the necessary cloth for the 
12,000 uniforms of the pattern style ; that he was therefore, after 
due consultation, obliged to substitute another style of cloth. 
The Treasurer therefore stated that he had completed and signed 
a contract with Brooks Brothers. 

A motion being made to adjourn, it was carried. 



:ecutive Chamber, ) 
April 29a, 1861. ] 



At a meeting of the State officers held this day there were 

Present — the Governor, Comptroller, Attorney General, and 
Treasurer — 4. 

Absent — Lieutenant Governor, Secretary of State, and State 
Engineer — 3. 

The minutes of the previous meeting were read and approved. 

The Attorney General offered the following resolution: 

Resolved, That, in the opinion of this Board, the government 
of the United States cannot, without seriously jeopardizing its 
existence, further delay asserting its power, or entertain nego- 
tiations with, or make further concessions to traitors while in 
arms, or their abettors. 

That the allegiance to the people to the Federal government, 
in all matters within its constitutional powers, is paramount, and 
that allegiance to State sovereignty, except as subordinate to the 
Constitution of the Federal government, cannot be admitted with- 
out the entire demoralization of our whole system of government, 



No. 15.] 37 

its ultimate subversion, and the sacrifice of the best interests not 
only of the nation, but the race. 

That the State of New York is now prepared to furnish her 
proportion of means of every kind to the defence not of the capi- 
tal only, but of the integrity of the national boundaries, the Con- 
stitution, the laws, and the flag of the nation as well. 

That the popular sentiment of the State imperiously demands 
the defence of each and all alike, and that the most imminent 
danger, we foresee, would arise from resisting in this regard the 
popular will. 

That the State of New York demands free and uninterrupted 
access to and communication with the national capital, and 
earnestly hopes this may be at once attained through the action 
of the Federal Government. Adopted unanimously. 

On motion of the Comptroller, it was unanimously 

Resolved, That the above resolutions be certified by the Gov- 
ernor, that the Attorney General proceed forthwith to Washington 
and communicate the same to the General Government ; and also 
endeavor to induce that government to make a requisition upon 
this State for the remaining tAventy-one regiments of the volun- 
teer force to be mustered into depots as soon as practicable. 

The Governor submitted letters of Judge James, Sir Edmund 
Head, Governor General of Canada, respecting his application 
for " Minnie rifles," in which the last named gentleman states 
that he is prohibited by law from permitting arms and accoutre- 
ments being taken out of the Province. 

Colonel Delafield and Captain Schriver submitted two reports : 
one in relation to artillery organization, and the other in relation 
to articles of military equipment necessary for the twelve regi- 
ments of New York State volunteers now in the field or about to 
march, to render them efficient after leaving railroad and steam- 
boat transport conveyance, which were read by Captain Schriver, 
and are as follows : 

Artillery Organization. 

This arm is the most complicated and expensive, at the same 
time that it requires the greatest care, attention and intelligence 
in rendering and preserving it in an efiicient state. For an army 
of 50,000 men, two hundred field pieces would occupy so much 
space, and retard the general movements of such an army corps 
as to be objectionable. Under ordinary circumstances, one gun 



38 [Assembly 

per thousand men must suffice for most field operations, with 
another piece held ready in reserve. 

Considering that the United States has already in the field 
some very excellent batteries, and that other States will in like 
manner prepare this arm in anticipation of future wants, we con. 
sider it most advisable to limit the present and immediate prepa- 
ration of the artillery force for the volunteers of the State of 
New York, to 

1 battery' of 4 pieces of Armstrong rifle guns. 

3 batteries of 4 do the Parrott or Blakely rifle gun, 
or 16 pieces of 6-pounder spherical bore, being adapted to a 10- 
pounder elongated rifle shot. 

Rifle guns of these two kinds were experimented with for seve- 
ral weeks with very satisfactory results, not long since, under 
the direction of a member of this committee. 

The first has attained great celebrity, and extensively adopted 
by the English Government, and used for distant fire with good 
results in China, though not possessing any material advantage 
at short distances. The immense moral power and influence pro- 
duced by the extraordinary range, executing five miles with a 
30-pounder, with surprising accuracy of direction, such as never 
to miss the Avidth of a column of troops on a road at that great 
distance, justifies the introduction of one battery of these guns. 

Beyond this we would not at the present moment recommend 
its adoption. 

A similar gun in principle was used recently with surprising 
success by the Sardinians at the siege of Gaeta. These are 
breach-loading guns. 

The rifle gun upon which we place most reliance, is the Parrott 
or Blakely pattern, and a muzzle-loading gun ; of this pattern 
we recommend three batteries. It is loaded with the same fa- 
cility and rapidity as the ordinary 6-pounder, and no more lia- 
ble to get out of order, while, with much less quantity of powder, 
it throws a greater weight of metal with greater accuracy, to a 
much greater distance. It was used with considerable effect 
against Fort Sumter, fired from Morris Island, and penetrated 
the masonry of the fort about eleven inches, and apparently 
aimed at the points struck with remarkable precision. 

The French artillery at Solferino, and the French and English 
rifle ordnance at Sebastopol, and prepared for Cronstadt, with 
the other instances referred to, have proved the necessity of the 



No. 15.] 39 

adoption of rifle cannon in our service without delay; and ac- 
cordingly we recommend that the State of New York cause 
these four batteries to be constructed and equipped at once for 
service. 

These batteries will consist each of 

4 pieces and carriages, 10 pds. for 6 horses each.. 24 horses. 
4 caissons (ammunition wagons) for 6 horses each.. 24 do 
1 battery wagon (for tools, implements, &c.,) do . . 6 do 

1 traveling forge (for shoeing horses, &c.,) 6 do 

Spare horses as a reserve 6 do 

For officers and non-commissioned officers 12 do 

10 carriages, and 78 do 

The gunners will ride on the caissons and limbers. 

Equipments for each battery will consist of 

20 sets harness, lead for 2 horses. 

10 do wheel for 2 horses. 

10 leg-guards, 30 whips and implements, and equipments suited 
to the service, selected from table page 305, Ordnance Manual. 

Equipments for battery wagon, selected from table on page 
310, Ordnance Manual, and the equipments for the traveling 
forge, from page 307 of the Ordnance Manual. 

Ammunition for each battery will consist of 

50 rounds per gun in the limber boxes. 

150 rounds do in caissons. 

200 rounds per gun with fuses, primers, &c., and other indis- 
pensable small articles selected from table on page 303, Ord. 
Manual. A like quantity per gun must be prepared and in depot, 
to be forwarded as needed. 

The personnel for each battery will consist of 

4 commissioned officers, a captain, one 1st and two 2d lieuten- 
ants, 8 non-commissioned officer, 1 bugler, 1 farrier, 68 artille- 
rists and drivers — total, 78; to be armed as the United States 
field artillerists. 

These four batteries will thus be composed of 40 carriages and 
312 horses ; 16 officers and 312 non-commissioned officers, buglers, 
farriers and privates ; 80 sets of lead harness for two horses ; 40 
sets of wheel harness for 2 horses. 



40 [Assembly 

Cost, &c. 

The cost of each gun with 100 rounds of ammunition of the 
Blakely or Parrott model, will be as follows : 

12 guns at $250 each $3,000 00 

12 gun carriages and limbers $275 00 3,300 00 

12 caissons 340 00 4,080 00 

3 battery wagons filled, (maximum).. G78 00 2,034 00 

3 forges, (maximum) 437 00 1,311 00 

60 set lead harness for two horses 75 00 4,500 00 

30 set wheel harness for two horses 85 00 2,550 00 

234 horses (for the three Parrott bat- 
teries) may probably be purchased at 

an average of 125 00 

29,250 00 

Making total cost for three batteries $50,025 00 

The cost of the Armstrong model will differ in the 
expense of the gun and its carriage, both of which 
items will be considerably in excess of the Parrott 
model. No definite information has yet been re- 
ceived. We may however venture to estimate 
these two items at double the corresponding ones 
of the Parrott model, in which case the cost of 
the Armstrong battery of four guns, equipped as 
the preceding will be $21,320 00 



Total cost of four batteries $71,345 00 



RICHARD DELAFIELD, 

U. S. Corps of Engineers. 
For self, Capt, Schriver, and Capt. Sitgreaves. 
Albany, April 29, 1861. 



'>-i^ 



No. 15.] 41 

Memorandum of articles of military equipment necessary for the 
12 Regiments of JYew York State Volunteers, 7iow in the field, 
or about to march, to render them efficient after leaving railroad 
and steam transport conveyance. 

1. Tents. 

1,000 common tents, with poles and pins, weigliing 36 lbs, 

each _. 36,000 lbs. 

120 wall tents, for company officers. 

12 wall tents, for colonels of regiments. 

12 wall tents, for lieiit. colonels and majors. 

12 wall tents, for adjutants and quarter-masters. 

12 wall tents, for surgeons and assistant surgeons. 

168 wall tents, weighing 100 lbs. each 16,800 lbs. 

24 double wall tents, as hospital tents 4,800 lbs. 

If men from the regiments leave in greater num- 
bers than these double wall tents will accommodate, 
those in the regimental use become vacant, and must 
be used accordingly. This provision being for field 
hospital service only, the sick being more carefully 
attended to in a building, farm-house, &c., to be 
occupied as a general hospital. 



Total weight of tents and poles 5Y,600 lbs. 



2. Tools. 

264 axes and helves, 6 lbs. each 1,584 lbs. 

264 hatchets and helves, 2 lbs. each 528 lbs. 

264 spades and helves, 6 lbs. each 1,584 lbs. 

132 pickaxes, 9 lbs, each. 1,188 lbs. 

1,248 camp kettles, 8 lbs. each ._ 9,984 lbs. 

2,496 mess pans, 2 lbs. each 4,992 lbs. 



19,860 lbs. 



3. Ammunition. 

Musket ball cartridges, 100 rounds per man, packed in water- 
tight boxes, of 1,000 rounds each, 95,000 rounds. 

These will require 95 boxes of the following dimensions, ac- 



42 [Assembly 

cording to the bore of the musket for which they are intended. 
See Ordnance Manual, p. 249. 

Weight Weight 

Depth. Length. Width. empty. packed. 

In. In. In. Lbs. Lba. 

For buck and ball 

cartridges 6.75 15.5 11.75 12 107 

Rifle ball cartridges... 5.75 13. 11.75 11 100 

It is known that the New York volunteers have arms of differ- 
ent bore. The greatest possible care and attention must be 
taken to insure the right size to the different regiments, and to 
this end every box must be marked with its contents. The 
weight of these 95,000 rounds is averaged at 10,165 lbs. 

The total weight that must be transported for the troops when 
moving, independent of railroads and vessels, and excluding what 
each man carries about his person, is : 

In tents,.. 57,600 lbs. 

In tools,. 4,884 

In camp kettles, 14,976 

19,860 lbs. 

In ammunition, 10,165 lbs., average estimate. 

Making a total of, .: 87,625 lbs. 

For which land transportation should be provided. Estimat- 
ing the wagon to carry 2,500 to 3,000 lbs., under ordinary cir- 
cumstances, we consider it will be necessary to have at least 
30 baggage wagons, for tents, tools, camp kettles, &c. 
24 hospital wagons, for conveyance of sick, hospital stores, 
and medicines. 
5 ammunition wagons, for musket cartridges, making 

59 wagons for the 12 regiments, 

independent of what means of transport may be found necessary 
for accumulating supplies in the general depots. These 59 
wagons, being for the daily service of the troops between the 
camp and depots, and to transport the baggage, and whenever 
the troops move. 

Horses. 
The number of horses required for this service will be 236, or 
four to each wagon. 



No. 15.] 43 

Drivers. 
Fifty-nine drivers should be enlisted to serve permanently, each 
with a team, to be charged with it specially, under the regimental 
quartermasters. 

Estimated cost of transport wagons, Sfc, above specified. 

59 wagons, $180 each $10,620 

236 horses, $125 each 29,500 

118 sets harnesses, $130 each 15,340 

Total $55,460 

RICHARD DELAFIELD, 

U. S. Corps of Engineers. 
For self, Capt. Schriver, and Capt. Sitgreaves. 
Albany, April 29/A, 1861. 

The Attorney General moved, that the reports be accepted, 
with the thanks of this Board, and laid upon the table. Carried 
unanimously. 

The following letter was submitted by the Treasurer : 

Dear Sir — Will you give us ten days' more time to produce 
the same color in shirts and drawers, provided we furnish you a 
large share of the whole quantity before the expiration of the 
twenty days? 

Yours, 

R. M. YAN SICKLER & FORBY, 
STRONG BROTHERS & CO. 

Which was declined. 

The Adjutant General presented a communication of Colonel 
Lichenstein, proposing to organize a regiment of artillery. 

On motion of the Comptroller, it was 

Resolved, That this board decline to accept the proposition of 
Colonel Lichenstein at present," as it does not comport with the 
organization proposed by this Board. Carried unanimously. 

The Governor submitted a letter from Lieutenant Governor 
Campbell, also one from Col. Sam'l Colt, in relation to furnishing 
rifles. To the latter, on motion of the Attorney General, the 
Governor was requested to reply, that the State was not at pres- 
ent ready to treat with Mr. Colt, until it knows the result of an 
arrangement already entered into for an ample supply of arms 
for its forces. 



44 [Assembly 

The Governor stated that since the last meeting he had tele- 
graphed to the Secretary of War as follows : " Will the President 
call for militia from this State beyond the seventeen regiments ? 
Important, answer at once :" to which despatch he had received 
the following answer : " Not at present time." 

The Governor stated that he last night received a telegram 
from Governor Dennison as follows : " Can you meet Governors 
Curtin, Morton, Yates and myself at Cleveland on Tuesday night? 
I will have with me General McClellan, commander of the Ohio 
troops:" to which he replied that "Public duties here prevent 
my leaving at present. Please telegraph me what is done. I 
regret the necessity that prevents a compliance with your re- 
quest." This A. M. another despatch was received from Gover- 
nor Dennison as follows : "Will you send a confidential messen- 
ger to the meeting? I will advise you when the day is fixed :" 
to which he returned the following answer: "Yes." 

The Attorney General moved to take a recess for twenty min- 
utes. Before taking this question, on motion of the Comptroller, 
the Board adjourned for half an hour. 

3 o'clock 25 minutes, P. M. 

Present as before. 

On the meeting being called to order by the chair, a debate 
ensued as to the policy to be adopted in relation to the enrol- 
ment of the twenty -one regiments called for by general order 
No. lY, in which all the members of the Board present partici- 
pated. 

Suggestions were also made by Colonel Delafield and Captain 
Schriver. 

On motion of the Attorney General, the Board adjourned to 7 
o'clock, P. M. 

7 o'clock 25 minutes, P. M. 

Present as before. 

On motion of the Attorney General it w^as unanimously 

Resolved, That the Treasurer and Comptroller be a committee 
authorized to receive any full company that may be presented, 
until the next meeting of the Board. 

On motion of the Treasurer, the Board adjourned to 1 o'clock, 
P. M., to-morrow. 



No. 15.J 45 



Executive Chamber, ) 
h, 1861. J 



April 30th, 
Pursuant to adjournment the State officers met at 1 o'clock 

P. M. 

Present — the Governor, Lieutenant Governor, Comptroller, 
Treasurer, and State Engineer and Surveyor — 5. 

Absent — the Attorney General and Secretary of State — 2. 

Minutes of previous meeting were read and approved. 

The Governor reported that- Governor Dennison had named 
Friday next as the day for meeting of Governors referred to in 
telegraphic despatch submitted yesterday. 

On motion of the Treasurer, it was unanimously 

Resolved, That all companies heretofore accepted pursuant to 
the resolutions of this Board, under general order No. 13, and 
which now contain a less number than 77 men including officers, 
be required to complete their enlistment and organization, so 
that each of said companies shall contain 77 men, by the 9th day 
of May, 1861 ; and that in default of their so doing that said 
companies be consolidated under the direction of this Board. 

The Adjutant General presented at request of J. McLeod Mur- 
phy, ten rolls of full companies. 

On motion of the Lieutenant Governor, it was unanimously 

Resolved, That so far as relates to the first levy of troops, com- 
prising the first 17 regiments, the Governor is hereby authorized 
as soon as the respective companies containing 77 men or less 
are accepted and inspected, to order them into barracks. 

On motion of the Lieutenant Governor, the Board adjourned 
till 1 o'clock P. M., to-morrow. 



Executive Chamber, ) 
May 1st, 1861 J 

The State officers met pursuant to adjournment at 1 o'clock 
P. M. 

Present — the Governor, Lieutenant Governor, Comptroller, 
Treasurer, Secretary of State, and State Engineer — 6. 

Absent — Attorney General — 1. 

The minutes of the previous meeting were read and approved. 

The Governor submitted a letter from Gouverneur Kemble, 
stating that " 4 batteries of rifled cannon for light artillery ser- 
vice, to be mounted on 6-pound carriages, in all, 16 guns, are now 
preparing at the AVest Point foundry, by order of the safety com- 



46" [Assembly 

mittee of New York, and that if the carriages and caissons ar- 
rive, the first battery of four guns will be ready for mounting by 
the present week." 

The Governor also presented a letter from Aaron Wheeler, 
agent of the Geneva and Watkins Steamboat Co., offering to trans- 
port troops from Geneva to Watkins en route for Elmira, forty 
miles across Seneca lake, for fifty cents each, which offer, on 
motion of the Lieutenant Governor, was unanimously accepted. 

Two letters from the Secretary of War were also submitted by 
the Governor, and on motion of the Lieutenant Governor were 
ordered to be entered at length on the minutes. 

War Department, 
Washington, April 26, 1861. 
To His Excellency E. D. Morgan, Gover?ior of JVew York: 

Dear Sir — I have to repeat the acknowledgments of this de- 
partment for your very prompt and energetic action in sending 
forward the troops of your State. In regard to the suggestions 
contained in yours of the 22d inst., they have been made the 
subject of careful consideration, and such measures adopted by 
the officers in command as circumstances permitted. 

Very truly yours, 

SIMON CAMERON, 

Secretary of War. 

War Department, 
Washington, JJpril 20tk, 1861. 
To His Excellency E. D. Morgan, Governor of JVew York : 

Dear Sir — I have the honor to acknowledge yours of the 18th 
instant, in response to the call of the Federal Government for 
seventeen regiments of troops from the State of New York. 

The alacrity and promptness with which you have met this 
requisition is alike honorable to the great State of New York, 
and yourself as her Executive, and for which I beg to tender you 
my most grateful acknowledgments. 

I am, dear sir, very truly yours, 

SIMON CAMERON, Secretary of War. 

A communication on behalf of the companies from northern 
New York, representing that there are now five companies in the 
depot at Albany fully inspected and mustered into service, and 
that owing to the crowded state of their quarters, they have no 
place to drill in ; that five other companies have presented their 



No. 15.] 47 

applications, which are all full and have been received by the 
Board for inspection, election of officers and muster. They now 
ask that the five companies already here be .permitted to form 
themselves into a battalion, for the purposes of comfort, better 
accommodation and drill ; they also ask that a regiment may be 
formed from the 4th judicial district, composed of these and the 
remaining companies ; and that companies as they arrive may 
be permitted to join the battalion until the whole regiment is 
made up. 

On motion of the Treasurer, it was unanimously 

Resolved, That said communication be referred to Brigadier 
General Rathbone, with a request that he conform to their wishes 
if practicable, but said arrangement not to extend beyond the 
9th of May. 

The Comptroller presented application for company organiza- 
tion of three full Buffalo companies, to wit : Captain Elisha L. 
Hayward, Edward Hayward, and John M. Layton; also, applica- 
tion for company organization of one Rochester company (Capt. 
Hiram Smith's), which, on motion of the Comptroller, were all 
unanimously acceopted. 

A communication was presented from a committee of a public 
meeting held at the village of Fonda. As one of such committee, 
Mr. Horton appeared before the Board and stated that the citi- 
zens of Fonda hoped to raise a regiment, and requested that a 
temporary depot be established at Fonda; which proposition 
was, on motion of Lieutenant Governor Campbell, unanimously 
declined. 

The Lieutenant Governor presented an application for the 
company organization from Watkins, Schuyler county. Captain 
James H. Chapman, which, on motion of the Lieutenant Gover- 
nor, was unanimously accepted for the purpose of inspection. 

On motion of the Secretary of State, it was unanimously 

Resolved, That the Quartermaster General be directed forth- 
with to erect temporary barracks at Albany sufficient to accom- 
modate two regiments. 

Captain Schriver submitted a draft of a general order, to be 
published by the Adjutant General, which, on motion of the 
Treasurer, was unanimously approved. 

Leave of absence was granted to the Lieutenant Governor 
until Tuesday morning next. 

On motion of the Treasurer, the Board adjourned until 3| P. M. 



4^1 [Assembly 

3-40 P. M. 

Present, same as before. 

On motion of the Treasurer it Avas unanimously 

Resolved^ That the regulations for the army of the United 
States, approved January 1, 1857, be and the same is hereby 
adopted for the government of the volunteer militia of this State, 
while in the service of this State, except so far as said regula- 
tions may conflict with any of the statutes in force for the gov- 
ernment of the militia. 

Resolved, That said regulations be published, by direction of 
the Governor, in the form of general orders, with an appendix 
showing in what respect the same are modified by the statutes 
of this State. 

The Adjutant General submitted an order, directed to the 
Commissary General, to supply Col. Pratt's regiment with arms, 
accoutrements and camp-equipments, which was unanimously ap- 
proved, and directed to be issued. 

A petition was presented by Messrs, Viele, Brintnall, Ball, Saxe 
and G. Robertson, Jr., of Troy, as follow- s : 
To His Excellency, Gov. Morgan and the Military Board : 

The undersigned are a committee from persons interested in 
the formation of a regiment of volunteers, who desire their head- 
quarters to be established, during their organization, at Bull's 
Head, in Troy. We ask an order that ten companies now formed, 
and in process of formation, may designate that as their depot or 
place of rendezvous. The undersigned guarantee that no expense 
shall fall upon the State for barracks. These will be furnished 
free of expense. And the regiment or company in quarters will 
be subsisted at 3*7^- cents per day, thereby making a saving of 
twenty-five per cent., or about one hundred dollars per day for a 
regiment during the encampment and organization. Besides, 
they have a good healthy enclosure, w-ith all the conveniences 
necessary for the subsistence and drilling of the recruits. We 
also suggest that this location is not so far as to be considered 
in any other light than as a branch of the Albany Depot, and, 
therefore, respectfully urge upon your honorable Board the is- 
suing of an order for such purpose. 

JOHN J. VIELE, 
CHAS. E. BRINTNALL, 
L. CHANDLER BALL, 
PETER SAXE, 
G. ROBERTSON, Jr. 



No. 15.] 49 

In reply to which the Comptroller offered the following resolu- 
tion : 

Resolved, That the volunteers being organized at Troy and 
vicinity, as soon as the companies are filled up, be permitted to 
quarter at Troy, on the terms proposed by the application from 
that city, provided that they will be subject at all times to th& 
order of Brigadier General Rathbone. Which was unanimously 
adopted. 

The Treasurer submitted a contract with Brooks Brothers & 
Co., of New York, for clothing, conditioned to furnish at various 
times, on or before the 18th day of May next, 12,000 uniforms, at 
$19.50 each, together with a bond executed by Chas. F. Goodhue 
and James F. Joyce, in the sum of $50,000, which contract is in 
the words following : 

Articles of Agreement made and entered into this twenty- 
sixth day of April, one thousand eight hundred and sixty-one, 
between the people of the State of New York, parties of the first 
part, and Daniel H. Brooks, John Brooks, Elisha Brooks and Ed- 
ward S. Brooks, composing the firm of Brooks Brothers, of the 
city of New York, parties of the second part. Witnessing, That 
the said party of the first part, and the said parties of the second 
part, for themselves, their executors and administrators, have 
covenanted and agreed, and b}^ these presents do covenant and 
agree, to and with each other, as follows, to wit : 

First, That the said parties of the second part shall furnish, 
manufacture and deliver at such places in the State of New York 
as the Quartermaster General of said State shall designate, the 
following articles of clothing at the times and of the quality and 
description hereinafter designated, namely, twenty-six hundred 
dark blue kersey jackets, indigo blue, and all wool, of which one 
thousand shall be furnished on or before May 4th, 1861, and six- 
teen hundred thereof on or before May 12th, 1861, of which said 
blue kersey a sample is hereunto attached marked " Brooks Bros., 
Sample No. 1."" Also, twenty-one hundred dark blue felt jackets, 
all wool, indigo blue, on or before May 12th, 1861, of which said 
felt a sample is hereunto annexed marked " Brooks Brothers, 
Sample No. 8." Also, seventy-three hundred grey jackets, of 
cadet mixed satinet, to be delivered one-half thereof May 4th, 
1861, and one-half thereof May 12th, 1861, of which said grey 
satinet a sample is hereunto annexed marked "Brooks Bros., 
Sample No. 3." Also, one thousand dark blue kersey trowsers, 

[Assem. No. 15.] 4 



50 [Assembly 

indigo blue, all wool, to be delivered May 4th, 1861, and fourteen 
hundred to be delivered May 12th, 1861, of which said kersey a 
Bample is hereunto annexed, marked "Brooks Bros., Sample No. 
1." Also, two thousand four hundred light blue army kersey 
trowsers, indigo blue, all wool, to be delivered on or before May 
18th, 1861, of wliich said kersey a sample is hereunto annexed 
marked " Brooks Bros., Sample No. 7." Also, seven thousand 
two hundred grey cadet mixed satinet trowsers, to be delivered 
one-third May 12th, 1861, one-third May 4th, 1861, and one-third 
May 18th, 1861, of which said satinet a sample is hereunto an- 
nexed marked "Brooks Bros., Sample No. 3." Also, four thou- 
sand brown mixed overcoats, all wool, to be delivered fifteen 
hundred on the 4th day of May, 1861, fifteen hundred on the 12th 
day of May, 1861, and one thousand on the 18th day of May, 
1861, of which said cloth a sample is hereunto annexed marked 
" Brooks Bros., Sample No. 4." Also, sixteen hundred blue peter- 
sham over coats, all wool, indigo blue, to be delivered May 18th, 
1861, of which said petersham a sample is hereunto annexed 
marked "Brooks Bros., Sample No. 5." Also, two thousand 
mixed kersey overcoats, all wool, to be delivered May 4th, 1861, 
of which said kersey a sample is hereunto annexed marked 
"Brooks Bros., sample No. 2." Also, four thousand four hun- 
dred cadet doeskin overcoats, all wool, to be delivered one-half 
May 12th, 1861, and one-half May 18th, 1861, of which said doe- 
skin a sample is hereunto annexed marked " Brooks Bros., Sam- 
ple No. 6." 

Second. The said jackets, overcoats and trowsers, shall be well 
and properly cut and made, and shall be strongly and thoroughly 
sewed and stitched, and shall be of four sizes, and all the mate- 
rials shall be of the best quality, of their respective kinds, and 
they shall be made according to shape and form, according to 
certain patterns heretofore delivered by the parties of the second 
part unto the party of the first part, and marked »/?, B and C 

Third. The said jackets, trowsers and overcoats shall have the 
proper number of buttons, which shall be of the pattern and ma- 
terial prescribed by the general regulations of the State of New 
York for privates. 

Fourth. The party of the first part shall have power to reject 
any articles of an inferior character to what is above stipulated, 
and the said party of the second part shall thereupon forthwith 
furnish other articles of the proper character in place thereof, or 



No. 15.] 51 

in default thereof the party of the first part shall have power to 
supply the deficiency by purchase, and the said party of the sec- 
ond part shall be charged with the difierence at cost. 

Fifth. Time is hereby declared to be of the essehce of this con- 
tract ; and in case the said parties of the second part shall not 
deliver said articles at the times hereinbefore specified, the party 
of the first part shall have power to supply the deficiency by pur- 
chase, and the said party of the second part shall thereupon be 
chargeable with any diff'erence of price, and any damages which 
may thereupon ensue, and the said party of the first part shall 
have power to retain, from the sum hereinafter stipulated to be 
paid to the parties of the second part, such sums as may be neces- 
sary to indemnify said party of the first part in the premises. 

Sixth. The said party of the first part hereby agrees to pay to 
the said parties of the second part, at the rate of nineteen dollars 
and fifty cents for each suit, consisting of trowsers, jacket and 
overcoat ; seventy-five per cent, thereof to be paid upon the de- 
livery to and acceptance of the same by the inspecting officer of 
the party of the first part, and the remaining twenty-five per cent, 
thereof to be paid when the terms of this contract shall have been 
fully carried out and complied with by the party of the second 
part ; payments to be made in sums of fifty thousand dollars and 
upwards, as said goods are delivered. 

Seventh. It is hereby expressly stipulated and agreed, that 
until said goods shall be delivered and received by the party of 
the first part, they shall be in all respects at the risk of the party 
of the second part. 

In witness whereof the parties to these presents have hereunto 
set their hands and seals the day and year first above written, 
P. DORSHEIMER, Treasurer, Sfc, [l. s.] 
DANIEL H. BROOKS, [l. s.] 

JOHN BROOKS, [l. s.] 

ELISHA BROOKS, [l. s.] 

EDWARD S. BROOKS, [l. s.] 

Sealed and delivered in presence of 

Wm. Henry Anthon. 

On motion of the State Engineer and Surveyor, it was unani- 
mously 

Resolved, That the contract with Brooks Brothers & Co., be 
approved, and ordered filed iu the Comptroller's oflice, 

The Commissary General submitted a contract entered into by 



52 [Assembly 

him with Thomas C. Smith, for accoutrements, in accordance 
with the published notice with two sureties in the sum of 
$80,000. 

On motion of the State Engineer and Surveyor, it was unani- 
mously 

Resolved, That the contract be confirmed, and that the origi- 
nal be filed in the Comptroller's office. 

The Commissary General also submitted a contract with Chas. 
H. Tyler, for tents, camp equipage, &c., (with two sureties in 
the sum of $15,000) in the following words : 

Articles or agreement, made and entered into this twenty-ninth 
day of April, in the year of our Lord one thousand eight hun- 
dred and sixty-one, between the people of the State of New York, 
party of the first part, and Charles H. Tyler of the city and 
county of New York, party of the second part, witnessing : 

That the said party of the first part, and the said party of 
the second part, for himself, his executors and administrators 
have covenated and agreed, and by these presents do covenant 
and agree to and with each other, as follows, to wit : 

First. That the said party of the second part shall furnish and 
manufacture, and shall deliver at such places in the State of 
New York as the Commissary General of said State shall desig- 
nate, the following equipments of the same pattern, character, 
material and description as those in use in the United States 
army, and designated United States army pattern, and of which 
said equipments samples have been delivered by the party of the 
second part unto the party of the first part ; at the times and at 
the prices hereinafter set forth, namely : 

Two thousand common tents, with poles and pins complete, at 
$20 (twenty dollars) each. 

...Two hundred and fifty wall tents and flies, with poles and pins 
complete, at $25 (twenty-five dollars) each. 

Two hundred drums, and sticks — wood — with slings and car- 
riages complete, at $6 (six dollars) each. Slings and carriages, 
$1 each. 

Two hundred cocoa wood fifes, at $1 (one dollar) each. 

One thousand axes and helves, at $1 each. 

One thousand spades, at 75 cents each. 

Five hundred hatchets, at 50 cents each. 

Two thousand five hundred camp-kettles, at 45 cents each. 

Five thousand mess-pans, at 30 cents each. 



No. 15.J 53 

Five hundred pick-axes and handles, at $1 each. 

Second. All of the said articles shall be of the United States 
army patterns as before mentioned, and shall be made of the best 
materials of their respective kinds, and such of them as are 
sowed shall be strongly and thoroughly stitched and sewed, and 
said tents shall be of the sample cloth annexed, marked A. 

Third. One hundred of said tents shall be delivered daily after 
the day of the date of these presents, at such places in the State 
of New York as the said Commissary General shall designate. 

Fourth. The remainder of said articles shall be delivered at 
such times and places in the said State of New York as the said 
Commissary General shall direct, the whole of the same to be 
furnished forthwith if required. 

Fifth. The party of the first part shall have power to reject 
any articles of an inferior character to what is above stipulated, 
and the said party of the second part shall thereupon forthwith 
furnish other articles of the proper quality in place thereof, and in 
default the party of the first part shall have power to supply 
the deficiency by purchase, and the said party of the second part 
shall be charged with the difference of cost. 

Sixth. Time is hereby declared to be of the essence of this 
contract, and in case the said party of the second part shall not 
deliver said articles at the times hereinbefore specified the party 
of the first part shall have power to supply the deficiency by pur- 
chase, and the said party of the second part shall thereupon be 
chargeable with any difference of price, and any danages which 
may thereupon ensue. And the said party of the first part shall 
have power to retain from the sum herein stipulated to be paid 
to the party of the second part, such amount as may be necessary 
to indemnify said party of the first part in the premises. 

Seventh. The said party of the first part hereby agree to pay to 
the said party of the second part for the said articles at the rates 
hereinbefore specified, seventy-five per cent, thereof to be paid 
upon the delivery to and acceptance of the same by the said 
Commissary General, and the remaining twenty-five per cent, 
thereof to be paid when the terms of this contract shall have been 
fully carried out and complied with by the said party of the 
second part ; payment to be made in sums of ten thousand dol- 
lars and upwards, as said articles are delivered. 

Eighth. It is hereby expressly stipulated and agreed that until 
Baid articles shall be delivered and received by the party of the 



54 [Assembly 

first part, they shall be in all respects at the risk of the party of 
the second part. 

In witness whereof the parties to these presents have here- 
unto set their hands and seals the day and year first above writ- 
ten. BENJAMIN WELCH, Jr., Commissary General, [l. s.] 
CHARLES H. TYLER, [l. s.] 
Sealed and delivered in presence of 
Wm. Henry Anthon. 

State of New York, \ 

City and County of JVew York, ) 

On this thirtieth day of April, in the year of our Lord one 
thousand eight hundred and sixty-one, before me came Benjamin 
Welch, Jr., and Charles H, Tyler above named, both to me known 
to be the same persons described in and who executed the afore- 
going instrument, and severally acknowledged that they had 
executed the same. 

WM. HENRY ANTHON, 
JYotary Public, city and county of JVew York. 

On motion of State Engineer, it was unanimously 

Resolved, That the contract be confirmed, and that the original 
be filed in the Comptroller's ofiice. 

On motion of the Secretary of State it was unanimously 

Resolved, That the department of the Commissary General be 
authorized to advertise for tents, sufficient for the troops already 
in the field, or which may hereafter be ordered into service. 

Frederick Townsend appeared before the Board and made a 
.statement respecting the election held by ten companies under 
the provisions of general order No. 13, at the Albany rendez- 
vous, designating him as Colonel ; and stating also that he was 
desirous, if it was necessary, to hold another election, he would 
be glad to have it ordered at once. 

The Comptroller moved that the consideration of the applica- 
tion of Frederick Townsend be postponed. Seconded and carried. 

The Adjutant General submitted the rolls of 4 Canadian com- 
panies, but without any formal action, the papers were withdrawn. 

The State Engineer and Surveyor asked leave of absence, and 
on motion of the Treasurer leave was granted until Tuesday 
morning. 

The Governor submitted a proposition of Hotchkiss and Sons, 
of Sharon, Connecticut. On motion it was laid on the table. 

Colonel Christian, of Utica, entered and made a statement re- 



No. 15.J 55 

specting Y companies which had been raised in Utica. He pre- 
sented applications for company organization (Captain Montgom- 
ery Caplemant, Captain George A. Blackwell), which on motion 
of the Comptroller, were unanimously accepted. 

On motion of Mr. Dorsheimer, the Board adjourned until to- 
morrow morning at 11 o'clock. 



May 2, 1861. 

The State officers met at the Executive Chamber, at 11-40 
A. M. 

Present — the Governor, Comptroller, Secretary of State, and 
Treasurer — 4. 

Absent — Lieutenant Governor, Attorney General, and Stato 
Engineer — 3. 

The minutes of the previous meeting were read and approved. 

The Treasurer presented application for company organization 
from Saratoga county, (captain A. J. Perry's) which, on hia 
motion, were accepted for the purpose of inspection. 

Also application for a company organization of a Buffalo com- 
pany, (captain James C. Strong) which, on motion of the Treas- 
urer, was unanimously accepted. 

The Adjutant General presented two applications for company 
organization, from Broome county, (captain Joseph C. Bartlett, 
and captain Hiram C. Rogers) which, on motion of the Treasurer, 
were unanimously accepted. 

On motion of the Secretary of State, it was unanimously 

Resolved, That on the presentation of a company roll contain- 
ing 77 names, under general order No. 17, the Adjutant General 
shall direct an inspection of the company and the election of its 
officers. 

On motion of the Governor, it was unanimously 

Resolved, That Brigadier General Rathbone be authorized to 
employ a chaplain to officiate at the barracks in the industrial 
school building. 

On motion of the Comptroller, it was unanimously 

Resolved, That the Governor be, and he is hereby authorized 
to appoint a chaplain for each regiment organized, under the act 
of April 16, 1861, on the nomination of the field officers of the 
respective regiments. 

Acting Quartermaster General Arthur appeared and presented 
a statement to the Board in relation to the depot in New York 



r5^6 [Assembly 

with suggestions as to what will be required for the accommoda- 
tion of the volunteers there. 

On motion of the Governor it was unanimously 
Resolved, That the acting Quartermaster General and Briga- 
dier General in command of the depot in New York, be author- 
ized to erect barracks for such number of men and at such place 
or places in and near the city of New York, as the Brigadier 
General in command shall designate. 

On motion of the Governor it was unanimously 
Resolved, That the thanks of the Board bo presented to the 
president and directors of the Hudson river railroad, for their 
generous offer to transport the troops of this State free over 
their road, and that the Governor be requested to transmit a 
copy of this resolution to the president of said road. 
On motion of the Governor it was unanimously 
Resolved, That the acting Quartermaster General at New York, 
be authorized to furnish a breakfast for the Maine regiment, ex- 
pected to pass through New York this day, on their way to 
Washington. 

On motion of the Secretary of State it was unanimously 
Resolved, That the Adjutant General be authorized to issue an 
order directing Brigadier General Rathbone to cause an election 
for the choice of a suitable person to fill the office of captain of 
the company of volunteers now in the barracks at Albany, here- 
tofore commanded by John Lawless, who has absented himself 
from his command. 

The Governor presented a copy of a letter which he had ad- 
daessed to the Secretary of War on the 26th inst., and General 
Cameron's reply thereto, which, on motion of the Treasurer 
were ordered to be entered at length on the minutes of the Board, 

as follows : 

STATE OF NEW YORK: ^ 

Executive Deparment, !► 

Albany, Jlpril 26, 1861. J 

Hon. Simon Cameron, Secretary of War : 

Sir — I beg to request an order from the Secretary of War, 
assigning the cadets in the present first class from the State of 
New York in the West Point 'academy, to duty with the regi- 
ments of New York volunteers, as instructors. I have the honor 
to acknowledge the receipt this day of your favor of the 20th inst. 

I am very truly yours, 

E. D. MORGAN. 



No. 15.] 5-7 

War Department, JJpril 29, 1861. 
Gov. E. D. Morgan, 

Dear Sir — I have the honor to acknowledge the receipt of your 
letter of the 26th inst., and to inform you that the early gradua- 
tion of the first class of cadets at West Point, is now under con- 
sideration. If possible, your request will be complied with, but 
the scarcity of army officers may render it necessary to assign 
commands in the service immediately to those cadets. 
Very truly yours, 

SIMON CAMERON, Secretary of War. 

The Governor submitted a letter from the 'Secretary of War, 
and requested that it should be entered at length on the minutes 
of this Board, which, on motion, was unanimously agreed to, and 
is in the following words : 

War Department, } 

Washington, 29th Jifril^ 1861. ) 
His Excellency E. D. Morgan, Governor of JVew York : 

My Dear Sir — I have yours of the 24th inst. This Department 
has again to acknowledge its many obligations to your Excel- 
lency for the promptness and despatch with which you have sent 
forward your troops for the defence of the capital. I have to 
request that you will not send any more to this point until you 
are further advised. I have the honor to subscribe myself, 
Very truly, 

SIMON CAMERON, Sec'y of War. 

The Adjutant General stated that a company of 65 men, volun- 
teers from Chenango county, had arrived in this city, having 
come here without being inspected, and without orders. James 
Tyrrell, the captain of the com.pany, appeared and stated that if 
the men here could be taken care of, and he could have four days 
to recruit in, that his company would be filled to the required 
number. 

On motion of the Treasurer, it was unanimously 

Resolved, That Capt. James Tyrrell, who has arrived this day 
from Norwich, Chenango county, with 65 men, be sent to the 
barracks with such men, and that if he shall recruit to the num- 
ber of 7*7 men, on or before the 8th inst., the company will be 
accepted into the service, and if duly elected by his company 
therefor will be commissioned as captain. 

On motion of the Comptroller, it was unanimously 



5^B [Assembly 

Resolved, That Mr. Dorsheimer proceed to New York to super- 
intend the inspection of the clothing to be delivered under the 
contract of Brooks Brothers. 

On motion of the Comptroller, it was unanimously 

Resolved, That while the Board is in a minority during any 
one day, the Governor be directed to act for the Board in any 
emergency which may arise. 

On motion of the Secretary of State the Board adjourned 
until 1 P. M. to-morrow. 



May 3, 1861. 

The officers met at the Executive Chamber at 1 P. M. 

Present — The Governor, Comptroller, and Secretary of State. 

Absent — The Lieut. Governor, Treasurer, Attorney General, 
and State Engineer. 

No quorum being present, on motion of the Secretary of State 
the Board adjourned until 12 o'clock M. on Monday. 



May 6, 1861. 

The State officers met at the Executive Chamber at 12.45 P. M. 
Present — The Governor, Comptroller and Secretary of State. 
Absent — The Lieutenant Governor, Attorney General, Trea- 
surer and State Engineer. 

No quorum being present the Board adjourned until 7 P. M. 

1 o'clock P. M. 
Present — same as above. 
No quorum. Adjourned until 12 o'clock M. to-morrow. 



Tuesday, May 7, 1861. 

The State officers met at the Executive Chamber at 12.20 
o'clock P. M. 

Present — The Governor, Lieutenant Governor, Comptroller, 
Treasurer, Secretary of State and Attorney General. 

Absent — State Engineer. 

The minutes of previous meetings were read and approved. 



No. 15-1 5'9 

The Governor reported that on the 4th inst. a company of 90 
men, from St. Lawrence county, had presented themselves vt^ith- 
out rolls, without inspection, and without orders, and that he 
had ordered them sent to barracks in Albany ; also, that on the 
same day he had, on the advice of the Comptroller, ordered the 
ten full Turner rifles, not accepted by the Board, sent to barracks 
in New York city ; and further, that on the advice of the Comp- 
troller and Secretary of State, he had ordered a company from 
Clinton county, (Capt, Stetson's,) who had come here without 
being ordered, to be sent to barracks in Albany. 

The Governor further reported, that on the 6th inst. a quorum 
of the Board not being present, on advice of the Comptroller and 
Secretary of State, he had ordered that additional barracks for 
the necessary accommodation of the volunteers now in Albany, 
be erected with all practicable despatch. 

On motion of the Secretary of State, the foregoing report of 
the Governor was unanimously accepted and approved. 

The Governor submitted a communication from Brigadier 
General Rathbone, in relation to the condition of the barracks 
under his charge, w^hich, on motion of the Secretary of State, 
was ordered on file. 

The Attorney General reported, that in obedience to a resolu- 
tion of this Board, he proceeded on Monday evening to Washing- 
ton, arriving there on Wednesday morning at 10 o'clock. He 
submitted, as his report, a copy of a letter which he had ad- 
dressed to the Secretary of War, with Gen. Cameron's reply 
thereto, which are in the following words : 

Washington, May 1, 1861. 

Hon. Simon Cameron, 

Secretary of War, ^c. 

Sir — On behalf and by order of the Board of Officers formed 
under and by the act of the Legislature of the State of New 
York of April 16, 1861, 1 beg to submit, that by the said act the 
said Board are authorized to raise a volunteer militia for two 
years' service, unless sooner discharged, of thirty thousand men, 
and that that Legislature appropriated and laid a tax for three 
and a half millions of dollars to arm and support such force as 
the^said Board might raise under its provisions. 

The requisition of the Federal Government upon the State 
was subsequently made for seventeen regiments, of seven huu- 



60 [Assembly 

dred and eighty men each, but such is the patriotic zeal of the 
people of the State that it will be a great disappointment to 
them if they are not permitted to raise thirty-eight regiments for 
the public service instead of seventeen. At the same time the 
State unexpectedly finds that the most improved arm cannot be at 
once furnished by the United States Government to arm this 
force, and the Board have provided for the purchase of such 
arms at an early day, and also for the complete uniform and 
equipment of the force. 

The expenditure for these purposes will so far exhaust the 
means at the disposal of the Board as to leave them without the 
necessary resources, until the next meeting of the Legislature, 
to pay and subsist the force after the troops shall arrive at the 
depots, without infringing a constitutional inhibition against the 
contraction of a debt except in case of the actual invasion of the 
State or insurrection therein. 

The Board, therefore, respectfully request that the United 
States Government will receive from the State of New York, at 
such depots, within the State, as the United States Government 
may choose to indicate, thirty-eight regiments of volunteers for 
two years service, unless sooner discharged, of such arm of ser- 
vice as it may require, and assume, at the depots, the instruction, 
pay and subsistence of such troops. 

I have the honor to be, 

Your most obedient servant, 

CHAS. G. MYERS, 
Attorney General of Mew York, 

and one of said Committee. 

War Department, ? 

Washington, M May, 1861. \ 
Hon. Chas. G. Myers : 

Dear Sir — I have yours of the 1st inst., in which, on behalf of 
the Board of military officers of the State of New York, you 
tender to the United States Government thirty-eight regiments 
of troops, to be armed and supplied by the State of New York, 
and to rendezvous at such place or places within the State as 
this department may indicate, to serve for two years, unless 
sooner discharged. This government to assume, at the depot, 
the pay, instruction and subsistence of such troops. I have the 
honor, on behalf of the Government of the United States, to in- 



No. 15.] 61 

form pou that this offer will be accepted on the conditions stated ; 
and the regiments of New York uniformed militia now in the ser- 
vice of the government, will be relieved when the troops you have 
tendered shall have been mustered into service. 
I have the honor to be, 

Very respectfully, your ob't serv't, 

SIMON CAMERON, Sec'y of War. 

On motion of the Secretary of State, it was unanimously 

Resolved, That the report of the Attorney General be received 
and entered upon the minutes of the Board, and that the agree- 
ment entered into by that officer, on behalf of the State, with the 
Federal Government, be, and the same is hereby approved and 
adopted. Also, that the thanks of this Board be, and are hereby 
tendered to the Attorney General for the prompt and efficient 
manner in which he has discharged the duties which he was dele- 
gated to perform. 

The Governor submitted a telegraph from General Simon Came- 
ron, Secretary of War, which, on motion of the Attorney General, 
was ordered to be entered at length on the minutes of the Board, 
and is in the following words : 

Washington, May 3, 1861. 

Gov. Morgan — Accepted to-day, proposition of your Military 
Board, presented by Attorney General Myers, who is on his way 
homeward. This will, I suppose, answer your inquiry about ac- 
ceptance of regiments ready to embark. 

SIMON CAMERON, Sec'y of War. 

The Governor also submitted the following telegraph from the 
Secretary of War, w^iich was ordered entered at length on the 
minutes : 

Washington, May 6, 1861. 
E. D. Morgan — ■ 

It is decidedly probable that all the regiments mustered into 
the service of the Government, from your State, not already ac- 
tually sent forward, should be mustered into service for three 
years, or during the war. If any person belonging to the regi- 
ments already mustered for three months, but not yet actually 
sent forward, should be unwilling to serve for three years, or 
during the war, could not their places be filled by others who are 
willing so to serve. 

SIMON CAMERON, Sec'y of War. 



62 [Assembly 

Lieutenant Governor in the chair. 

The Governor also submitted the following as a proposed reply 
thereto, which, on motion, was unanimously approved. 

Albany, May 1, 1861. 

Hon. Simon Cameron, Secretary of War : 

But one of our regiments of volunteers under an act of April 
16, 1861, has been sent forward. The men who will constitute 
the remaining thirty-seven regiments are all, or nearly all, em- 
bodied and moving to the depots under an act for two years ser- 
vices, as recognized in your acceptances of the proposition of the 
State, of the 3d inst. The period of enrolment cannot now be 
changed, though no doubt if required beyond two years the force 
can be filled at the end of that time. E. D. MORGAN. 

The Adjutant General reported that two companies, one of 40 
men, Capt. Page, from Peru, Clinton county, and one of 82 men, 
Capt. J. J. Sager, Franklin county, had come here without orders. 

The Attorney General moved that they be accepted, subject to 
inspection and consolidation, and ordered into barracks in Alba- 
ny, which was carried, the Treasurer alone dissenting. 

The Secretary of State presented a communication from Lieut. 
Barnard, Adjutant of Col. Allen's regiment, petitioning the Board 
for muskets for the regiment, and also for pistols and overcoats 
for the officers, &c, &c., which petition was, on motion, laid upon 
the table. 

The Treasurer presented application for a company organiza- 
tion of a New York company of 78 men, Capt. Sass, which, on 
motion of the Treasurer, was unanimously accepted. 

A committee of four gentlemen, on behalf of ten companies 
from Washington, Warren and Saratoga counties, seven of which 
contain 77 men, and have been inspected,* requested that these 
companies might be permitted to rendezvous at Troy, when, 
on motion of the Comptroller, it was unanimously 

Resolved, That all the companies of Washington, Warren, and 
Saratoga counties accepted, and which may hereafter be accepted 
by this Board, be quartered at the branch of the Albany rendez- 
vous at Troy, provided they be quartered on the same terms as 
the regiment already quartered there. 

The Lieutenant Governor presented a commiinication from F. 
W. Parmenter, in relation to the bullet machine recently pur- 
chased for the State, which, on motion of the Comptroller, was 
laid on the table. 



No. 15.] 63 

Troy, May 6th, 1861. 
Honored Sir — This will be handed you by Mr. Burroughs, of 
the house of S. D. Roberts, of New York. 

Mr. Roberts was the owner of the ball machine lately taken 
from me by the State, and is much disappointed at the result of 
his planning and management in getting up the only machine of 
the kind in private hands. 

I hope he may be able to so arrange with you that his interests 
will not suffer, while I remain, 

Yours respectfully, 
(Signed,) F. W. PARMENTER. 

To the Hon. R. Campbell, Lieut. Governor State of JYew York. 

The Governor presented a communication from Lieut. Strong, 
together with one from Messrs. P. J. Marsh and S. W. Tyler, in 
relation to same subject, which were also, on motion of the Comp- 
troller, laid on the table, and are in the words following : 

Watervliet Arsenal, May *lth, 1861. 
Hon. E. D. Morgan, Governor State of JYew York : 

Sir — Should it be decided to put the bullet machine recently 
purchased by the State into private hands, to be run for supply- 
ing ammunition to the New York volunteers, I have the honor to 
recommend Messrs. P. J. Marsh and S. W. Tyler as men responsi- 
ble and possessed of facilities for fulfilling any contract that may 
be made with them concerning this matter. 

I am sir, very respectfully, your obedient servant, 

GEO. C. STRONG, First Lieut. Ordnance. 

Troy, May 6, 1861. 
To His Excellency the Governor of the State of JYew York : 

Sir — This petition' respectfully represents, that it is the desire 
of the undersigned, if compatible with the final disposition con- 
cluded upon by the State Executive council, of the bullet ma- 
chine lately purchased by this State, of F. W. Parmenter, of the 
city of Troy, to secure the contract for running the same, and 
furnishing cartridges ready for army use, to such an extent and 
under such regulations, as the honorable Board shall direct. 

P. J. MABSH, 
S. W. TYLER. 
In pursuance of the above, we, the undersigned members of 
the committee appointed by the common council of the city of 
Troy, to make investigations in relation to the bullet machine 



Qi [Assembly 

therein referred to, do most cheerfully recommend to your favor- 
able consideration, Messrs. P. J. Marsh and S. W. Tyler, as men 
worthy and well qualified to execute the purposes set forth in 
the above petition. 

Troy, May Qfh, 1861. 

GEORGE B. WARREN, Jr., Mayor. 
H. RANKIN, 
CHARLES EDDY, 
JAMES FLEMING, 

Common Council Committee. 
To His Excellency, E. D. Morgan, Governor State of Mew York. 

The Attorney General moved thafe. Capt. Stetson's company 
from Clinton county, be accepted (the Adjutant General having 
reported that all the prescribed forms had been regularly gone 
through with by. this company) which was carried unanimously. 

The Adjutant General presented a petition stating that 
Thomas Whipple enlisted in the town of Knox, under Captain 
Floyd, on the 23d day of April, 1861, whilst intoxicated; that 
his family, consisting of one son and three daughters, have no 
means of support, and are entirely dependent upon their father. 
In consideration of these facts, the petitioners ask that the said 
Whipple be discharged. In view of these statements, the Attor- 
ney General moved that the Adjutant General be authorized to 
release and discharge the above mentioned Thomas Whipple, 
which was unanimously carried. 

The Lieutenant Governor stated that Col. Frederick Townsend 
would like to appear before the Board ^nd make a statement be- 
fore adjournment. 

On motion, the Board adjourned until *7 o'clock. P. M. 



May 7, 1861. 

The Board met at the Executive Chamber, at 7 P. M. 

Present, as before. 

Mr. Cholwell entered and stated that he had raised a company 
of seventy-seven men, in Rockland county, who have been in- 
spected to-day, and asked that his command be ordered to the 
depot in New York city, with permission to join Colonel Lan- 
sing's regiment. 

The Governor presented a communication from Lieut. Willard, 
of the U. S. army, declining the position of colonel of the 2d 
volunteer regiment, which is now quartered at Troy. 



No. 15.] 



65 



The Adjutant General reported the following list of the com- 
panies that had been inspected before seven o'clock, this P. M. 



Capta 
Capta 
Capta 
Capta 
Capta 
Capta 
Capta 
Capta 
Capta 
Capta 
Capta 



n Franklin J. Davis, Westchester county, IT men, 

n Morgan H. Chrysler, Saratoga county, 77 men, 

n John Whitlock, Ithaca, *78 men, 

n Joel J. Seaver, Malone, 81 men, 

n Edmund Boynton, Whitehall, 78 men, 

n Archibald H. Preston, Oswego, 77 men, 

n George G. Wanzcr, Rochester, 77 men, 

n Nelson T. Stephens, Moravia, 77 men, 

n A. J. Barney, Jefferson county, 79 men, 

n S. I. Mundell, Jefferson county, 79 men, 

n Horace R. Lake, Lewis county, 84 men. 



*Captain Daniel E, Gavit, New York, 77 men, 
*Captain Jolm F. Harrold, do 79 men. 



*Captain Robert F. Allason, 

*Captain Eugene McGrath, 

*Capt 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 

Capta 



do 78 men, 

do 78 men, 

ain Oliver A. Tilden, do 79 men, 

n Peter Hogan, Albany, 78 men, 
n James Perkins, Livingston county, 85 men, 
n Peter Jay, Binghamton, 77 men, 
n William N. Angle, Copenhagen, 83 men, 
n John L. Stetson, Clinton, 78 men, 
n AVilliam H. H. Mapes, Lockport, 77 men, 
n Wm. D. Ferguson, Oswego, 77 men, 
n John C. Gilmore, Potsdam, 78 men, 
n Albert J. Perry, Saratoga Springs, 77 men, 
n George Clenden, Glen's Falls, 77 men, 
n John McKie, Jr., Cambridge, 78 men, 
n Barry I. Hage, Johnstown, 81 men, 
n James C. Strong, Buffalo, 80 men, 
n August Hust, New York, 78 men, 
n Warren Gibson, Stockholm, 71 men, 
n Gorton T. Thomas, Keeseville, 77 men, 
n George D. W. Clinton, Buffalo, 82 men, 
n James H. Demarest, Nyack, 78 men, 
n N. Martin Curtiss, St. Lawrence, 74 men, 



which, on motion of the Treasurer, were unanimously accepted. 

* Scott's Life Guard. 

[Assem. No. 15.] 5 



6fi» [Assembly 

Gen. Duryea entered and stated that the common council of 
the city of Brooklyn had spent thousand dollars in 

organizing and equipping the 14th regiment N. Y. S. M., which 
18 now fully equipped and prepared for active service. He asked 
that the regiment be called into immediate service and stationed 
in Brooklyn as a home guard, until it should be required by the 
general government. 

The Adjutant General presented the rolls of ten companies, 
who desired to be organized into a regiment with Frederick 
Townsend as colonel. On motion of the Attorney General the 
application of the ten companies, above referred to, -was laid on 
the table. 

On motion of the Attorney General, it was unanimously 
Resolved, That the ten companies commanded by the following 
captains, to wit : John Coyle, Edward Burns, Michael C. Murphy, 
John Downey, John E. Levench, Wm. H. Burns, Michael A. Fa- 
gen, Wm. Hagen, John Wildey and Andrew D. Printell, compo- 
sing the regiment called by some Ellsworth Zouaves, who were 
said to be ordered to Washington to be mustered into service by 
a Government officer of the United States, and who are now in 
Washington without the orders of the Commander-in-Chief, in 
consideration of the peculiar circumstances, be and the same are 
hereby ordered to compose a regiment to be numbered No. 11, 
and that the election of regimental officers therein, heretofore 
prematurely made, be assumed and affirmed, and the said regi- 
ment and its officers be accepted, and the Commander-in-Chief 
requested to commission the said officers, and that the Adjutant 
General be requested to correct the muster rolls to correspond 
to the men now actually in service. 

On motion of the Lieutenant Governor it was unanimously 
Resolved, That the ten companies commanded by the following 
captains, to wit : F. A. H. Gaebel, Edward Knapp, Kasper Keller, 
Edward Heiffer, Rodolph Anselin, Louis Hockheim, Sixt Lewis 
Kappf, Jacob Scheenleber, Chas. Bethon and Edward Uratislan, 
who have heretofore elected John E. Bendix colonel, be, and the 
same are hereby accepted and formed into a regiment, and that 
the election of regimental officers heretofore held by them be 
confirmed, and the regimental officers heretofore elected be ac- 
cepted, and the said regiment be numbered No. *7, and the Com- 
mander-in-Chief be requested to commission the said officers 
thereof. 



No. 15.] e^ 

The Lieutenant Governor offered the following resolution, 
which was unanimously carried : 

Resolved, That the ten companies commanded by the following 
named captains, to wit : Morris H. Church, Jacob Brand, Dennis 
Driscoll, Geo. W. Stone, Imasher Brower, Milo W. Locke, Joseph 
C. Irish, George W. Cole, Henry A. Barnum, Augustus J. Root, 
heretofore accepted, and which on the 4th day of May instant 
elected Ezra L. Walrath, of Syracuse, as their colonel, be organ- 
ized into a regiment by this Board, and that the election of field 
officers by the officers of said companies at Elmira on the 4th 
day of May instant (although irregular), be ratified, and that 
the Commander-in-Chief be requested to issue commissions to 
said officers. 

The Treasurer offered the following resolution : 

Resolved, That the ten companies commanded by the following 
captains, to wit : S. W. Fullerton, Abel Smith, Jr., E. G. Floyd, 
John G. Butler, Justus W. Blanchard, Henry S. Hulburt, Isaac 
S. Catlin, Jacob H. Ten Eyck, Jr., E. S. Jennisy and John E. 
Mulford, be and they are hereby accepted and organized into a 
regiment, to be designated as regiment No. 3, and that the officers 
of said companies be authorized to hold an election to elect the 
field officers for said regiment. 

Carried unanimously. 

On motion of the Lieutenant Governor it was unanimously 

Resolved, That the ten companies commanded by the following 
captains, Carl Stephan, H. J. Thomas, R. F. Taylor, H. B. Wil- 
liams, Lebbeus Brown, Adolphe Nolte, Wm. P. Fully, Francis A. 
Schoeffel, Hiram Smith, George W. Lewis, bo and they are hereby 
accepted and organized into a regiment, to be designated as No. 
13, and that the officers of said companies be authorized to hold 
an election, to elect the field officers of said regiment. 

On motion of the Attorney General it was unanimously 
Resolved, That the ten companies commanded by the following 
named captains : James McQuade, "Wm. R. Brazie, F. Harrer, M. 
McQuade, Jr., Lewis Michael, Charles F. Muller, Charles A. 
Skillen, S. E. Thompson, Wm. H. Seymour and H. R. Lake, be 
and they are hereby accepted and organized into a regiment, to 
be designated as regiment No. 14. and that the officers of said 
companies be authorized to hold an election, to elect the field 
officers of said regiment. 



6^ [Assembly 

The Adjutant General stated that orders for the inspection of 
gome 383 companies had already been issued, that new compa- 
nies were daily presenting themselves, and therefore he desired 
that the Board would rescind the resolution directing him to 
issue orders for inspection as soon as rolls were presented at the 
department. — No action. 

The Secretary of State offered the following resolution: 

Resolved^ That the Commander-in-chief be and he is hereby 
requested to muster into immediate service the 14th regiment of 
the militia of this State, and that the expenses of the subsist- 
ence of said regiment, until accepted into the service of the 
United States, shall be paid out of the moneys appropriated by 
the act of April 16, 1861, which on motion of Lieutenant Gov- 
ernor was laid on the table. 

The Governor submitted the following form of a general order 
to be issued to-morrow, which was unanimously approved : 



GENERAL HEAD-QUARTERS, 

STATE OF NEW YORK: 

♦ Adjutant General's Office, 

Albany, May 11th, 1861. 

General Orders No 41. 

I. By a resolution of the Board of State Officers, the following 

organization of volunteers is hereby ordered : 

First Division. 
To be commanded by Major General Dix, is to consist of 
First Brigade — Composed of : 

Ist Regiment Colonel Allen, 

2d Regiment Colonel Carr, 

3d Regiment Colonel ToAvnsend, 

5th Regiment Colonel Duryea, 

9th Regiment Colonel Hawkins. 

Second Brigade — Composed of : 

7th Regiment _ Colonel Bendix, 

8th Regiment _ Colonel Blenker, 

11th Regiment Colonel Ellsworth, 

20th Regiment Colonel Webber. 

General Dix will immediately take the necessary measures to 
hold elections for persons to fill the offices of Brigadier General 



No. 15.] 69 

and Brigade Inspector of the brigades composing his division, 
and report the result to this office. 

II. In conformity to a resolution of the Board of State officers, 
colonels of volunteer regiments will appoint paymasters to their 
respective regiments ; but during the time the regiments are in 
the service of the United States, the duties, functions and pay of 
such paymasters will be suspended. The rank and pay of regi- 
mental paymasters will be that of a lieutenant. 

III. The pay of regimental chaplains, appointed under the pro- 
visions of general order No. 28, will be $60 per month, and four 
rations per day, to commence from the date of commission. 

IV. The following regulations for the pay department are pub- 
lished for the information of volunteers serving under the act of 
April 16, 1861 : 

1. The regimental pa^^master, before entering on his duties, 
shall enter into a bond to the people of the State, in the sum of 
twenty thousand dollars, ($20,000,) with two sureties, who shall 
each justify in the same amount, to be approved by the Governor, 
"conditioned for the faithful application, according to law, of all 
moneys he shall receive in virtue of his office, which bond shall 
be filed in the office of the Comptroller." 

2. Each captain of a company shall make duplicate returns of 
the service performed by all the members of his company while 
in the service of the State, to the colonel of the regiment to 
which the company is attached. The colonel shall make dupli- 
cate returns of the services of the companies, based upon their 
returns ; and also duplicate returns of the services of every com- 
missioned officer, and non-commissioned staff officer of his regi- 
ment, one to the office of the Adjutant General and the other to 
the Paymaster General. 

3. On the receipt of such returns from a regiment, the Pay- 
master General will draw his certificate to the Comptroller for 
the amounts required by the regimental paymaster, based on 
such returns ; for which amount the Comptroller will draw his 
warrant upon the State Treasurer, in favor of the regimental 
paymaster. 

4. The regimental paymaster shall, upon similar forms or pay- 
rolls used by captains and colonels in their return of service, but 
containing, in addition thereto, the amount to which each officer 
and man is entitled, and the amount each received; take the 
receipt of each person paid by him, in duplicate, one of which 



tOi [Assembly 

shall be sent to the Paymaster General, together with the balance 
of monej^s, if any, not expended by him, and the other to the 
office of the Coaaptroller. 

5. The date of the beginning of service will be that on which 
the company was accepted by the State, and the date of the ter- 
mination that on which the company was mustered into the ser- 
vice of the United States. 

6. All blanks for bonds, returns, &c., requisite to carry out the 
foregoing instructions, will be furnished on application to Pay- 
master General Van Buren, in New York city. 

By order of the Commander-in-chief. 

J. MEREDITH READ, Jr., 

Adjutant General. 
On motion of the Lieutenant Governor the Board adjourned 
until to-morrow at 12 M. 

May, 8, 1861. 
. The Board met at the Executive Chamber at 12-10, M. 

Present — the Governor, Lieutenant Governor, Comptroller, 
Treasurer, Attorney General and Secretary of State — 6. 

Absent — the State Engineer — 1. 

The minutes of the previous meeting were read and approved. 

On motion of the Comptroller it was unanimously 

Resolved, That all disbursing officers with whom money may 
be deposited to pay claims against the State treasury be required 
to give bonds to the people of this State to such an amount and 
with such securities as the Comptroller may deem proper. 

The Governor submitted several letters requesting that the 
volunteers of St. Lawrence, Franklin and Clinton counties might 
be quartered in Plattsburgh, which on motion was refused on the 
ground that the General Government have fixed the rendezvous 
at other places. 

The Adjutant General presented application of 4 companies as 
follows : Michael 0. McGeary of New York, 79 men ; Martin C. 
Clark of Cortland, 84 men; Charles Weigand of New York, 78 
men ; Otto Bernstein of New York, 78 men. All of which com- 
panies on motion of the Lieutenant Governor, were unanimously 
accepted. 

Mr. Wm. G. Weed entered and stated that he could not serve 
in the company of which he was elected captain, and asked that 
the Board order an election for a choice of a captain in his place 



No. 15.] 71 

and also for the choice of a 1st lieutenant in place of Michael A. 
Nolan, who declines to serve. 

On motion of the Secretary of State it was unanimously 
Resolved, That the Adjutant General be directed to order an 
election for the choice of captain of the company no quartered 
at the Industrial School building, which has been heretofore 
known as Captain Wm. G. Weed's, in place of the said Weed, 
M'ho declines to serve, and also for the choice of a 1st lieutenant 
of the same company, in place of Michael A. Nolan, who also de- 
clines to serve. 

The Lieutenant Governor submitted a communication from 
Madame Cornell, petitioning that her son now in the Albany bar- 
racks, who is but 17 years of age, and who enlisted without her 
consent, be discharged. 

On motion of the Lieutenant Governor it was unanimously 
Resolved, That the Adjutant General be requested to order the 
discharge of private Cornell, he being but 17 years of age 

and having enlisted without the consent of his parent or guar- 
dian. 

The Adjutant General presented. application of Captain Wood's 
company of Essex county, which on motion of the Lieutenant 
Governor was unanimously accepted. 

The Secretary of State offered the following resolution : 
Resolved, That the 9th regiment of the city of New York, the 
members of which have been entirely equipped and uniformed 
without expense to the State, and who, with the exception of 
muskets, are now thoroughly prepared in all respects and ready 
and desirous to be mustered into the service of the Government, 
and to enlist for three years or during the war, be accepted by 
this Board, unless upon information which will be furnished to- 
morrow, it shall turn out that the whole quota of 30,000 men 
called for by the President of the United States and the procla- 
mation of the Governor has been already raised, and in the lat- 
ter event, that in case of a sudden demand for troops by the 
General Government, that the Cammander-in-Chief be and he is 
hereby requested to order said regiments into immediate service, 
which on motion of the Attorney General was laid upon the 
table, the Secretary of State alone dissent'ng. 

The Attorney-General moved that the Lieutenant Governor be 
authorized to deposit the bullet machine purchased of F. W. Par- 
menter in the Watervliet arsenal, provided Lieutenant Strong 



72 [Assembly 

will take charge of it for the Board, which was carried unani- 
mously. 

On motion of the Secretary of State the Board took a recess 
till 7 P. M. 

May 8, 1861—7.35 P. M. 

Present — the Governor, Comptroller, Attorney General, Trea- 
surer, Secretary of State — 5. 

Absent — Lieutenant Governor and State Engineer — 2. 

The Treasurer presented a communication from A. Yon 
Slemushr. No action. 

The Adjutant General presented application of three companies 
as follows : Jacob L. Yates, Saratoga county, 78 men ; David 
Hardee, Orleans county, 77 men; Thomas J. Strong, Washington 
county, 97 men ; which on motion of the Secretary of State were 
unanimously accepted. 

The Adjutant General presented a report of Brigadier General 
R. B. Valkenburgh, commanding depot at Elmira, certifying that 
in pursuance of special order No. 4, issued by him, an election 
for officers of the 13th regiment of the volunteer militia had been 
held, at which he presided, and that the following named persons 
had been elected for field officers : Isaac F. Quinley, colonel ; 
Elisha G. Marshall, lieutenant colonel ; Oliver F. Ferry, major ; 
which officers were on motion of the Attorney General unani- 
mously accepted. 

On motion of the Secretary of State the Board adjourned until 
12 M., to-morrow. 



May 9, 1861. 
The Board met at the Executive Chamber at 12|^ P. M. 
Present — the Governor, Lieutenant Governor, Attorney Gen- 
eral, Comptroller, Secretary of State and Treasurer — 6. 
Absent — the Stath Engineer — 1. 

The minutes of the previous meeting were read and approved : 
On motion of the Attorney General it was unanimously 
Resolved, That the ten companies commanded by the following 
captains, to wit : D. A. Nevins, Jno. C. Stetson, U. L. Curtis, 
J. J. Searer, Frank Palmer, W. W. Wood, J. M. Poraeroy, J. C. 
Gilmore, George Parker, and Warren Gibson, be accepted and 
formed into a regiment. 

On motion of the Attorney General, it was unanimously 
Resolved, That Captain F. Boynton's company of Canton be 



No. 15.J 73 

accepted subject to be excluded in case the 30,000 are filled by 
previously accepted companies, and that the want of a previous 
order for inspection be waived ; the inspector's returns and rolls, 
showing a full company signed by Gen. N. S. Elderkin, being filed. 

The Adjutant General stated that Captain Caldwell's company, 
from Essex county, who had inspected 57 men, had come here 
without orders, and that they had had no breakfast. 

Governor Campbell moved that Captain Caldwell's company 
be sent to barracks and subsisted until the further order of the 
Board, which was carried unanimously. 

The Adjutant General presented the application of the follow- 
ing companies that have been inspected within the second call, 
waiting the acceptance of the Board. 

12 o'clock M. 

George M. Guion, Seneca Falls, 85 men. 

Wm. C. Alberger, Buffalo, 77 men. 

Wm. T. Rogers, Buffalo, 89 men. 

Edward L. Lee, Buffalo, 83 men. 

James R. Mitchell, Genesee county, 77 men. 

Wilson B. Warford, Livingston county, 57 men. 

Miles P. G. Caldwell, Essex county, 57 men. 

Which, on motion of the Attorney General, were unanimously 
accepted and sent to the depot. 

The Adjutant General presented the application of the follow- 
ing companies that have been inspected, waiting the acceptance 
of the Board : 

Elisha L. Young, Montgomery county, 77 men. 
Franklin B. Doty, Hornellsville, 77 men, 
Stephen L. Potter, Jefferson county, 79 men. 

Which, on motion of the Comptroller, was unanimously adopted. 
On motion of the Attorney General it was unanimously 
Resolved, That the following companies, to wit : 

Captain J. W. Armitage, 77 men. 
Captain Geo. H. Otis, 77 men. 
Captain William A. Olmstead, 77 men. 
Captain Michael Cassidy, 77 men. 
Captain Geo. W. Wilson, 77 men. 
Captain Sidney W. Parks, 77 men. 
Captain W. B. Tibbetts, 77 men. 
Captain Joseph G. McNutt, 77 men. 



V4 [Assembly 

Captain Wm. McCouihe, *7*7 men. 

Captain John Arts. 1*1 men. 
be formed into a regiment, to be designated as No. 2. That 
all elections therein previously held be affirmed, and the officers 
elected be accepted as of the date of acceptance heretofore made 
by the Adjutant General, except Colonel Willard, who declines, 
and that an election be ordered to fill the office of Colonel 
therein. 

On motion of the Secretary of State, it was unanimously 

Resolved, That the following companies, to wit : 

Captain Leon Barnard, 79 men. 

Captain William L. Coles, 77 men. 

Captain Timothy Waters, 77 men. 

Captain Wm. H. Underbill, 77 men. 

Captain Ole P. H. Balling, 77 men. 

Captain James T. Clancy, 79 men. 

Captain Henry M. Burleigh, 77 men. 

Captain David Lovemay, 77 men. 

Captain James H. Brennan, 78 men. 

Werner W. Bjerg, 77 men. 
be formed into a regiment, to be numbered No. 11. That all elec- 
tions heretofore held therein be accepted and confirmed, and the 
officers accepted as of date of previous acceptance by the Adju- 
tant General. 

On motion of the Attorney General, it was unanimously 

Resolved, That the following companies, to wit : 

Colonel J. McLeod Murphy, 

Captain James McQueen, 77 men, 

Captain John Garrett, 77 men. 

Captain Thomas Began, 83 men, 

Captain William A. Ketcham, 78 men, 

Captain James Dodd, 77 men, 

Captain James J. Reilly, 81 men, 

Captain E. C. Peny, 80 men. 

Captain Julius C. Hicks, 78 men, 

Captain Geo. W. Warren, 79 men, 

Captain John Lalor, 79 men, 
be accepted and formed into a regiment, to be numbered No. 15, 
and that an election for field officers therein be ordered. 

On motion of the Lieutenant Governor, it was unanimously 

Resolved, That this Board unite with Lieutenant Robert J. 



No. 15.] T5 

Dodge of the 8th United States infantry, in soliciting the Hon. 
Secretary of War to accept the resignation of said Dodge to 
enable him to accept the post of Lieutenant Colonel in a volun- 
teer regiment of militia of this State, (to which he has been 
elected,) provided such resignation is not inconsistent with the 
public service. 

The Treasurer offered the following resolution : 
Resolved, That advertisements be issued for proposals for furn- 
ishing, according to samples in the Quartermaster General's office, 
the following articles : 

15,000 all wool army cloth overcoats, 
15,000 blue woolen jackets, 
15,000 pair array cloth pantaloons, 
30,000 pair woolen stockings, 
30,000 woolen shirts, 
30,000 pair woolen drawers, 
15,000 pair shoes, 
15,000 caps, 
15,000 blankets, 
to be delivered at New York, Albany and Elmira, as may be 
hereafter ordered weekly in quantities proportionate to the whole 
amount of the several contracts in four week, commencing on 
the 2*7th instant. Bids will be received for part, or all, or any 
of these articles. Bids to be received at the office of the Quarter- 
master General until the 20th instant, at 12 o'clock noon. The 
Board reserving to itself the right to reject such bids, or any of 
them, if they shall deem it advisable. 

On motion of the Lieut. Governor it was unanimously 
Resolved, That bids for the articles named in the foregoing 
resolution be published daily in the following named papers until 
and including the 18th inst. : 
New York Daily Tribune, 
New York Times, 
New York Herald, 
New York News, 

New York Commercial Advertiser, 
New York Evening Post, 
New York Courier and Enquirer, 
New York Evening Express, 
Albany Evening Journal, 
Albany Atlas and Argus, 



7i6 [Assembly 

Syracuse jJournal, 

Utica Daily Observer, 

Troy Daily Times, 

Rochester Union and Advertiser, 

Buffalo Commercial Advertiser. 

On motion of the Treasurer, it was unanimously 

Resolved^ That the contract of F. S. Shelden, of 26th of April 
last, be confirmed so far as it relates to caps, and that he be 
released from the obligation to furnish any other articles specified 
in said contract. 

On motion of the Secretary of State, it was unanimously 

Resolved^ That the Governor be, and he hereby is authorized 
and empowered to supply the Sixth and Seventy-first Regiments 
of the uniformed militia of this State, now at Washington, with 
8uch suitable articles of clothing and other necessaries, as he 
shall deem expedient. 

The Secretary of State offered the following preamble and res- 
olutions : 

This Board having authorized contracts for clothing and other 
military equipments, and caused the necessary orders to be given 
for organizing and equipping the volunteers of this State, there- 
fore. 

Resolved, That the Governor, as Commander-in-chief, and as 
Chairman of this Board, be authorized as its committee to carry 
into effect all necessary details thereof, and of any that may be 
hereafter made by the Board ; and that he be authorized to place 
the thirty-eight regiments, or the companies to compose the same, 
called by the President of the United States, and his own procla- 
mation, in such depot, and to report to such officers as he shall 
direct ; and that he be further authorized hereafter, in connection 
with the Comptroller as a committee of this Board, to take all 
necessary steps for equipping, organizing and accepting into ser- 
vice, at the earliest day practicable, in conformity with the reso- 
lutions and orders adopted by this Board, such regiments as have 
not 3^et been organized or accepted, or which may hereafter be 
sent to either of the State depots. And further, that the com- 
mittee last named be instructed to proceed with all practicable 
despatch to carry into effect the resolution heretofore adopted by 
this Board, providing for the consolidation of companies which 
may not contain, on the 9th instant, the full complement of 
seventy-seven men, including officers, and for organizing such 



No. 15.] 11 

companies into regiments ; and that such committee, in accepting 
and mustering into service the volunteers aforesaid, be instructed 
to do so as far as practicable according to the times respectively 
when applications were or shall be made for that purpose, due 
regard being had by them to an equitable distribution of such 
companies and regiments amongst the several counties and dis- 
tricts of the State. 

Resolved, That the Board will meet as often as it shall be con- 
vened by the Governor, upon full notice, for the purpose of hear- 
ing and acting upon the reports of its committees, and transact- 
ing such other business as may be brought before it. 

The ayes and noes being called for, the clerk proceeded to call 
the roll. 

Ayes — Secretary of State — 1. 

Noes — Lieut. Governor, Comptroller, Attorney General, and 
Treasurer — 4. 

The Governor declining to vote, and was declared lost by the 
Chair. 

The Comptroller asked leave of absence until Monday, at one 
o'clock, which, on motion of the Attorney General, was granted. 

On motion of the Comptroller, it was unanimously 

Resolved, That the application of Gen. Sandford to the Quar- 
termaster, for quarters and subsistence of a Vermont regiment, 
which is expected to shortly arrive in New York city, be refused 
on the ground that the Board has no right to appropriate money 
for the quartering and subsisting troops from other States. 

On motion of the Treasurer, the Board took a recess until 1^ 
this P. M. 

The board met at the Executive Chamber at *7^ this P. M. 

May 9, 1861. 

Present — the Governor, Lieutenant Governor, Treasurer, Sec- 
retary of State, and Attorney General. 

Absent — the Comptroller and State Engineer and Surveyor. 

Mr. Alberger, mayor of Bufialo, entered and made a statement 
in relation to uniforms, &c., ordered for the seventy-fourth regi- 
ment by the citizens and common council of the city of Buffalo. 

The Adjutant General presented the application of the follow- 
ing companies, that have been inspected and waiting for accept- 
ance by the Board. 



78 [Assembly 

1 o'clock, P. M. 
Capt. Henry Witthark, New York, 81 men. 
" Albert Taylor, Oswego county, *7*7 men. 
** Lyman Ormsby, Essex county, *7Y men. 
Which, on motion of the Secretary of State, was unanimously 
accepted. 

On motion of the Secretary of State, it was unanimously 
Resolved, That a sample of each article of clothing manufac- 
tured for the seventy-fourth regiment of the uniformed militia 
of this State from Buffalo, and proposed to be sold by the city of 
Buffalo to this State, be forthwith forwarded to the city of Alba- 
ny, and that a committee of this Board be appointed by the Gov- 
ernor to examine the same, and report to the Board as soon as 
practicable whether or not it is advisable for the State to pur- 
chase the same. 

On motion of the Attorney General, it was unanimously 
Resolved, That the Governor be requested to communicate with 
the Union Safety committee of New York city, and request them 
to furnish him a statement of all the contracts for munitions of 
war, of all kinds, entered into by that committee, and the names 
of the parties with whom contracts have been made. 
On motion of the Attorney General, it was unanimously 
Resolved, That the communication of Mr. G. Cottingham be 
referred to Brig. General Rathbone, commanding the Albany 
depot of the volunteer militia, and that he be requested to fur- 
nish to this Board a statement of the facts of the case. 
On motion of the Lieut. Governor, it was unanimously 
Resolved, That the Governor be and is hereby authorized to 
procure the necessary material and ammunition and equip four 
rifle batteries, of such model as he shall select, with battery 
wagons and forges complete, using all such materials as may now 
belong to the State and found suitable therefor. 

On motion of the Secretary of State, the Board adjourned 
until 12 o'clock noon to-morrow. 



May 10, 18G1. 
The Board met at the Executive Chamber at 12 o'clock M. 
Present — The Governor, Lieut, Governor, Treasurer, Secretary 
of State and Attorney General. 

Absent — The Comptroller, State Engineer and Surveyor. 



No, 15.] 79 

The minutes of the previous meeting were read and approved. 

The Attorney General offered the following resolutions : 

Resolved, That the Adjutant General be and he hereby is in- 
structed to prepare, without delay, and submit to this Board a 
schedule showing : 

1st. The number of regiments of volunteers organized by this 
Board, with the names of all field and company officers in each 
regiment whose services have been accepted by resolution of this 
Board, with the number of men now actually in such company, 
and the place where such company was raised. 

2d. A statement of all companies entered on his books who 
have not yet been formed into regiments in the order they now 
stand on his books, showing the names of the captains, the place 
wdiere raised, the number of men now in each, the place where 
such company now is, and the field officers they have designated, 
if any, and if none, the fact to be stated. 

Resolved, That the Adjutant General, if unable to give the 
information above called for, from his books, be ordered to 
despatch messengers to New York and Elmira to obtain at once 
the necessary information from each place, and to cause informa- 
tion to be obtained as to the companies at this depot and at 
Troy. 

Which were unanimously adopted. 

On motion of the Attorney General, it was unanimously 

Resolved, That the Governor be requested to inform the Board 
what has been done by the department under his charge towards 
effectuating the resolution of this Board of the 2'7th of April, 
relating to the return of rejected volunteers and defraying their 
expenses. 

On motion of the Treasurer, it was unanimously 

Resolved, That the Governor be and he hereby is authorized 
to purchase tickets to convey rejected volunteers to their respec- 
tive homes, in cases where free passes cannot be obtained. 

The Governor having stated that it has become necessary for 
the Board to fix the period at which the pay of the men volun- 
teering under the law of April 16th, 1861, shall commence, the 
Secretary of State offered the following resolution : 

Resolved, That the pay of volunteers under the act of April 16, 
1861, called for by the President of the United States and the 
proclamation of the Governor of this State, ought, in the judg- 
ment of this Board, to commence from the time that companies 



80 [Assembly 

reported officially to this Board, having been duly inspected and 
containing the full complement of 77 men, have been accepted 
by the Board and ordered to barracks preparatory to organiza- 
tion into regiments ; 

Which, on his request, was laid on the table. 

Senator Spinola appeared and made a statement in relation to 
a regiment which had been raised in Brooklyn, and uniformed 
by its citizens, but which is not within the companies already 
inspected. 

Mr. Fenton also entered on behalf of a company of 77 men, 
raised in Jamestown, asking that they be accepted, uniformed by 
the citizens of Jamestown. 

On motion of the Attorney General, it was unanimously 

Resolved, That the Governor be, and he hereby is authorized 
and empowered to supply the regiments of the uniformed militia 
of the State now at Washington, or in the United States service, 
with necessary articles of clothing, and other supplies, in his 
discretion. 

On motion of the Lieutenant Governor, it was unanimously 

Resolved, That the following companies, to wit : 
A, Joseph Henrique, B. Samuel S. May, 

C. James Mooney, D. Charles W. Cruger, 

E. Wm. B. Parisen, F. John H. H. Camp, 

G. John B. Braham, H. Willard Jameson, 

I. J. B. Houstain, K. Andrew J. Constantine, 

be formed into a regiment, to be numbered No. 4 ; that all elec- 
tions heretfore held therein, be accepted and confirmed, and the 
officers accepted as of the date of previous acceptance by the Ad- 
jutant General. 

The Adjutant General presented the applications of the fol- 
lowing companies that have been inspected and waiting the ac- 
ceptance of the Board, within the second quota : 

12 o'clock, M. 
Captain Andrew Wilson, Newark, Wayne county, 77 men, 
Captain James Tyrrell, Chenango county, 80 men, 
Captain Henry H. Paige, Niagara county, 77 men, 
Captain Thomas John Lord, New York, 78 men, 
Captain Henry M, Gaylord, Buffalo, 77 men. 
Captain Levi Beardsley, Oswego county, 77 men, 
Captain Hugh McQuade, New York, 77 men, 



No. 15.] 8.1 

Captain George F. Brittain, New York, 77 men. 

Captain Isaac L. Taylor, New York, 77 men, 

Captain Daniel Mahew, New York, 77 men, 

Captain Joseph Keller, New York, 77 men, 
which, on motion of the Attorney General, was unanimously 
accepted. 

The Adjutant General submitted a report from Brigadier Gen- 
eral Jno. F. Rathbone commanding, of the number of captains at 
the Albany depot, which was returned to the Adjutant to enable 
him to make a full report in accordance with the resolution of 
the Board of the 10th instant, (when the reports from the other 
depots shall be received.) 

The Treasurer moved that the Chautauqua county company 
presented by Mr. Fenton, be admitted and sent to Elmira, the 
company to supply its own uniform. The motion was withdrawn. 

The Secretary of State offered the following resolutions : 

Resolved, That the companies represented here this morning 
by Senator Spinola, be duly inspected under the direction of the 
Adjutant General, provided such inspection shall in no event be 
construed to give such companies any rights to be received over 
companies previously on the records of the Adjutant General. 

Before taking the question, the Attorney General offered the 
following as a substitute : 

Resolved, That the Adjutant General be, and he hereby is in- 
structed to enter in the order of application all companies who 
have since the direction of conditional inspection applied for ac- 
ceptance and that may hereafter apply ; and in case the force on 
consolidation shall not be full, said companies will be ordered 
inspected in the order of application, and the Board will there- 
after pass upon the acceptance thereof respectively. 

On motion of the Lieutenant Governor, it M^as laid on the 
table, the Secretary of State alone dissenting. 

The Treasurer moved that the Board now take a recess until 
4 o'clock this P. M., and that the opening of bids for tents be 
made the special order for that hour. (Carried.) 

4 o'clock, P. M. 

Present — Same as before. 

In accordance with the resolution passed to-day before the 
recess, the Board proceeded to open bids for tents, in pursuance 
to the following notice : 

[Assem. No. 15.] 6 



82 [Assembly 

STATE OF NEW YORK, i 

Commissary General's Office, \ 
New York, May 7, 1861. J 

Sealed proposals will be received at the Executive Chamber, 
Albany, until 12 o'clock, M., on the 10th instant, for the following 
articles, viz: 2,000 common tents, 250 wall tents and flies, with 
poles and pins complete. 

The bids are to be opened by the State Board, wto reserve the 
right to reject all bids that are deemed unreasonable. 

BENJAMIN WELSH, Commissary General. 

Ten bids were received in all, from the following named par- 
ties : 

R. H. Douglass, of New York. 

W. H. Wells, do 

Stephen Hemmenway, do 

J. H. Hitchcock, agent, do 

George H. Peck, do 

G. C. Quick. 

Hemenway and Beveridge, of New York. 

Wm. H. Johnson, do 

V. Tilyou, do 

Fox and Polhemus, do 

On motion of the Attorney General, it was unanimously 
Resolved, That the bid of George H. Peck be accepted, to fur. 
nish 2,000 common tents, 7 by 9, and 250 wall tents, all army 
pattern, to be made of the quality of duck as per sample affixed 
to his bid, marked No. 1, and that he be notified by the Governor 
to be ready with his sureties to execute the contract on Monday 
next, at 12 M., at the Astor House, in the city of New York, and 
that the Secretary of State be appointed a committee to attend 
to the execution of the contract. 

On motion, the Board took a recess until 7 o'clock, P. M. 

1 o'clock, P. M. 

Present — as before. 

The Attorney General submitted the following resolution, 
which w^as unanimously adopted : 

Resolved, That the following companies, to wit, those com- 
manded by 



No. 15.] 83 

A. Capt. H. D. Hall, 79 men, 

B. Capt. R. J. Dumont, 83 men, 

C. Capt. H. E. Davis, 76 men, 
D. 'Capt. Josh Waugli, 79 men, 

E. Capt. Hiram Duryea, 77 men, 

F. Capt. Henry A. Swartout, 82. men, 

G. Capt. Abraham Denike, 84 men, 
H. Capt. Judson Killpatrick, 78 men, 
J. Capt. Charles G. Bartlett, 77 men, 
K. Capt. Cleveland Winslow, 81 men, 

be, and the same are hereby formed into a regiment, to be num- 
bered No. 5, and that the election for company and field officers 
theretofore held therein be affirmed, and the said officers severally 
accepted, to take effect as of the date of the acceptance thereof 
by the Adjutant General. 

On motion of the Attorney General, it was unanimously 
Resolved, That the companies commanded by the following 
captains, to wit : 

A. Lorenzo Meyer, 78 men, 

B. Anthony Brooklyn, 78 men, 

C. Charles Hocklertner, 80 men, 

D. Joseph Otto, 77 men, 

E. Ernest O'Bernet, 81 men, 
P. Charles Lemsey, 78 men, 
G, William Schon, 79 men, 
H. Wm. Van Dochn, 82 men, 
J. Henry Stumpf, 80 men, 

K. Englebert Schnepf, 79 men, 
be accepted into a regiment, to be numbered No. 20, and that an 
election for field officers be ordered therein. 

~ The Governor read a letter from Col. E. D. Baker in relation 
to releasing five companies raised by him for the California regi- 
ment. 

The Adjutant General read a telegram on the sam6 subject. 
Captain Rave, of Colonel Baker's regiment, appeared and made a 
statement with reference to the surrender of the five companies. 

Laid on the table by general consent. 

The Adjutant General submitted returns of Brigadier General 
John F. Rathbone, of election for field officers of the following 
companies, held pursuant to special order No. 155 : 



84 [Assembly 

Captains D. A. Nevins', W. L. Curtis', Frank Palmer's, W. W. 
Wood's, George Parker's, Jno. C. Stetson's, J. J. Seaver's, J. C. 
Gilraore's, Warren Gibson's, and J. W. Pomeroy's, at which 
Thomas E. Davies was elected colonel, 
Samuel Marsh, Lt, colonel, 
Buel Palmer, major. 

On motion of the Attorney General, the services of the field 
officers above named were accepted, and the election confirmed. 
The Adjutant General submitted returns of Brigadier General 
John F. Rathbone, of election for field officers of the 2d Regi- 
ment, held pursuant to General Order 156, which resulted in the 
election of Joseph B. Carr, for colonel, R. Wells Kenyon, Lt. 
colonel, in place of Joseph B. Carr, promoted, and Richard D. 
Bliss, for Major, in place of R. Wells Kenyon, promoted. 

On motion of the Attorney General, the services of the above 
named field officers were accepted, and the election confirmed. 
On motion of the Attorney General, it was unanimously 
Resolved, That the ten companies commanded by the following 
named captains, to wit : 

A. Michael Holly, B. Walstein G. Smith, 

C. Michael McMahon, D. Michael Norton, 

E. Alexander L. Graham, F. Thos. J. Doremus, 
G. Thos. Wallace, H. Daniel McNamis, 

J. W. C. Cover, K. Thos. Kerrigan, 

be accepted and organized into a regiment to be numbered No. 
25, and an election for field officers ordered to be held therein. 

The Adjutant General submitted returns of Brigadier General 
Rathbone, of an election held for field officers of the regiment 
composed of the following companies, to wit : 

Capt. Abel Smith, Jr., Capt. John E. Mulford, 

" Step'n W. Fullerton, Jr., " Jacob H. Ten Eyck, Jr. 
" Eldridge G. Floyd, " Isaac L. Catlin, 

" Justus W. Blanchard, " Edwin S. Jenney, 

" Henry S. Hulburt, " John G. Butler, 

at which Frederick Townsend was elected colonel, 

Samuel M. Alford, was elected lieutenant colonel, 
George D. Bayard was elected major. 

On motion of the Secretary of State the above named field offi- 
cers were unanimously accepted, and the election confirmed as of 
the 8th instant. 



No. 15.] 85 

The Adjutant General submitted returns of Brig. General Jno. 
F. Rathbone, of an election for field ojSicers of the following 
named companies, to wit : 

Capt. James McQuade, Capt, Wm. R. Brazie, 

Capt. F. Haner, Capt. M. McQuade, Jr. 

Capt. Lewis Michael, Capt. Charles F. Muller, 

Capt. Charles H. Skillen, Capt. S. E. Thompson, 

Capt. Wm. H. Seymour, Capt. H. R. Lake, 

at which were elected James McQuade for colonel, 

Charles A. Johnson for lieutenant colonel, 
Charles H. Skillen, for major. 
On motion of the Secretary of State, the above named field 
officer w re unani ously accepted and the election confirmed as 
of the Sth inst. 

On motion of the Attorney General, the Board adjourned until 
10 o'clock, A. M., to-morrow. 



Executive Chamber, May 11, 1861. 

The Board met at 10 o'clock, A. M. 

Present — the Governor, Lieutenant Governor, Attorney Gen- 
eral, and Treasurer. 

The minutes of the previous meeting were read and approved. 

The Adjutant General stated that an > rder had been issued for 
the inspection of Captain Louis Baron's company, of Rochester, 
but that the Inspector refused to hold an inspection, on the ground 
that the captain had been a State convict. An order was there- 
fore issued cancelling the order for inspection. 

On motion it was unanimously 

Resolved, That the last order be approved and confirmed, and 
that the company of Capt. Louis Baron be rejected. 

The Adjutant General submitted application of the following 
companies, inspected and awaiting the action of the Board within 
the 2d quota. 

Edwin A. Bowen, Orleans county, 77 men, 

Charles E. Martin, Livingston county, 77 men, 

James R. Angel, Cayuga county, 77 men, 

Which, on motion of the Attorney General, was unanimously 
accepted. 

The Attorney General ofi'ered the following : 

Resolved, That the Commander-in-chief distribute, in his dis- 
cretion, the arms, equipments, uniforms and supplies, now or here. 



86 [Assembly 

after in the public stores, amongst the volunteer forces organized 
by this board. 

Which was unanimously adopted. 

On motion of the Attorney General it was unanimously 

Resolved, That the Treasurer and Lieutenant G-overnor be a 
committee to make and perfect an arrangement with the city of 
Buffalo as to the uniforms offered by that city to the State, as 
they shall deem for the best interest of the State. 

The resolution of the Secretary of State, which, on yesterday 
was laid on the table, was taken therefrom on motion of the 
Attorney General. The Attorney General withdrew the substi- 
tute offered yesterday. The resolution of the Secretary of State, 
after being amended, was adopted as follows, the Governor dis- 
senting : 

Resolved, That the companies represented here this morning by 
Senator Spinola be duly inspected under the direction of the 
Adjutant General, provided such inspection shall in no event be 
construed to give such companies any rights to be received over 
companies previously applying, or on the records of the Adjutant 
General. 

On motion of the Attorney General the Board took a recess 

until 7 o'clock P. M. 

7^ o'clock P. M. 

Present as before. 

The Lieutenant Governor, from committee on Buffalo uniform, 
reported that they had an interview with A. A. Howard and E. 
P. Dorr, a committee on behalf of the Buffalo authorities respect- 
ing the uniforms which had been procured by the city of Buffalo 
for the 74th regiment, and that the committee had made a con- 
tract for the said uniforms, and submitted this contract in the 
following words : 

Memorandum of an agreement made and entered into this elev- 
enth day of May, 1861, by and between the corporation of the 
city of Buflalo, by A. A. Howard and E. P. Dorr, a committee of 
said corporation duly authorized for that purpose, of the first 
part, and the State of New York, by Philip Dorsheimer and 
Robert Campbell, a committee duly appointed by the officers 
named in the act entitled " An act to authorize the embodying 
and equipment of a volunteer militia and to provide for the pub- 
lic defence," passed April 16th, 1861, of the second part, wit- 
nesseth : 



No. 15.] 87 . 

1st. The said party of the first part agrees to sell to the party 
of the second part, the following articles, as follows : 

170 jackets and pants at $6.75 |5,197 50 

770 overcoats of U. S. army pattern, at $10.00.. 7,700 00 

770 caps at six shillings 577 50 

770 pairs of blankets 1,652 75 



.5,127 75 



being uniforms procured by said corporation for the 74th regi- 
ment of the New York State militia, which regiment was ordered 
into the service of the United States, and said order having been 
afterwards countermanded, and the said corporation hereby 
agrees to deliver said articles in good order, at the rendezvous 
of the United States, at Elmira, in the county of Chemung, and 
all to be of the sample exhibited to said committee at the office 
of the Treasurer of this State this day. 

The said corporation also agrees that the regiment of volun- 
teers at the said Elmira rendezvous, known as the Buffalo regi- 
ment, shall receive and be equipped with said uniforms. 

The said party of the second part agrees, that upon receipt of 
said articles by the officer in charge, at said rendezvous at El- 
mira, and the acceptance thereof by said Buffalo regiment, that 
the State will pay to said corporation for said articles, the sum 
of $15,127.75, in full payment therefor. 

And it is expressly understood that the officer in charge at said 
Elmira depot, is to certify the receipt of said articles and the 
acceptance of the same by said Buffalo regiment, before the same 
are paid for. 

Witness our hands the day and year above written. 
The city of Buffalo, 

By A. A. HOWARD, and 
E. P. DORR. 
For State of New York, 

P. DORSHEIMER, 
R. CAMPBELL. 

The report and contract of the committee were accepted, and 
contract confirmed. 

On motion of the Lieutenant Governor, Captain Israel G. At- 
wood's company, (77 men. New York,) was received. 

On motion of the Lieutenant Governor, Captain Doolittle's 



88 [Assembly 

company was ordered to be furnished with subsistence till Mon- 
day, then to be sent back. 

The Attorney General presented a petition of the captains of 
ten companies at the Albany depot, below named, asking that an 
election of field officers be ordered, and offered the following reso- 
lution, which was adopted. 

Resolved, That the companies commanded by Captains John C. 
Maginnis, Peter Hogan, John Hastings, M. H. Donovan, T. J. 
Radcliff, D. S. Bartlett, Stephen Truax, William Seward Gridley, 
Henry Faurot, and Henry Wiltsie be severally accepted and 
formed into a regiment, numbered No. 18, and that orders be 
forthwith issued for an election of regimental officers thereof, 
subject only to the condition that Captain Bartlett's company 
stand full inspection, and his rolls of inspection be filed before 
the election of regimental officers. 

The Adjutant General submitted the returns of an election 
for field officers of the fifteenth regiment, held pursuant to order, 
certifying to the election of the following persons : 
John McLeod Murphy, colonel. 
• Richard J. Dodge, lieutenant colonel. 

Francis B. O'Keefe, majqr. 

On motion of the Attorney General the officers were accepted 
and the election confirmed. 

The Adjutant General submitted the bill of W. L. Elliott for 
services rendered in inspecting and mustering certain companies 
at Elmira, which, on motion of the Attorney General, was laid on 
the table for the present. 

The Board, on motion, adjourned to Monday morning at 10 
o'clock. . 



May 13, 1861. 

The Board met at the Executive Chamber at 10 A. M. 

Present — the Governor, Lieutenant Governor, Attorney Gene- 
ral and Treasurer. 

The minutes of the previous meeting were read and approved. 

The Governor presented application of J. C. Cuyler, editor of 
the Albany Morning Express, requesting that his paper be desig- 
nated to publish the advertisements of the Quartermaster Gene- 
ral's Department, which, on motion of the Lieutenant Governor, 
was declined. 

The Governor presented a communication signed by Messrs. 



No. 15.J 



89 



Trumbull Gary, Oliver P. Clark, W. S. Mallory and Wm. Tyrrell, 
which on motion of the Treasurer was laid on the table. 

On motion of the Governor it was unanimously 

Resolved, That the caps to be received under the contract 
made with J. L. Sheldon, of Auburn, be delivered by the con- 
tractor to Quartermaster Walker at Elmira, and that the con- 
tractor be paid for said caps the contract price, on his producing 
said quartermaster's certificate that he has received such caps, 
and that they are of the quality contracted for. 

The Governor submitted a communication form L. L. Doo- 
little. 

The Lieutenant Governor offered the following : 

Resolved, That Captain Doolittle's company be subsisted at the 
Albany rendezvous until further orders, which was unanimously 
adopted. 

The Adjutant General submitted applications of the following 
companies that have been inspected within the 2d quota waiting 
the action of the Board : 

Capt. C. C. Gardner, Allegany county, 77 men. 

Capt. J. Townsend Daniel, New York, 78 men. 

Capt. Gustavus Dupres, do 82 men. 

Capt. Alexander W. Smith, do 86 men. 

Capt. W. Howell Robinson, do 77 men. 

Capt. Wm. T. Clark, Cattaraugus co., 80 men. 

Capt. Jas. M. McNar, Livingston co., 77 men. 

Capt. John G. Todd, Madison co., 80 men. 

Capt. Jas. H. Chapman, Schuyler co., 78 men. 

which, on motion of the Lieut. Governor, were unanimously 

accepted. 

On motion of the Treasurer, it was unanimously 

Resolved, That ten companies, commanded by the following 

captains : 



A. Capt. Hammerstein, 
C. Capt. Stumpf, 
E. Capt. Forstner, 
G. Capt. Thum, 
I. Capt. Hedterick, 



B. Capt. Pokomey, 
D. Capt. Rust, 
F. Capt. Gillman, 
H. Capt. Kron, 
K. Capt. Wintrchrel, 



be organized into a regiment, to be numbered No. 8, and that 
the election of field officers heretofore held, be ratified and con- 
firmed, and the services of the officers accepted. 



9'0 [Assembly 

The Lieut. Governor offered the following: 
Resolved, That the ten companies commanded by the following 
named captains : 

Graham, 79 men, Barnett, 53 men, 

Parrison, 43 men, Wright, 65 men, 

Libaire, 34 men, Hammell, 65 men, 

Jardine, 81 men, Rodriques, 80 men, 

Capcutt, 65 men, Steinor, 84 men, 

be organized into a regiment to be numbered No. 9, and that the 

election of field officers heretofore held, be ratified and confirmed, 

and the services of the officers accepted. 

On motion of the Treasurer, it was unanimously 
Resolved, That the companies commanded by the following 
captains : 

J. C. Strong, 80 men, G. D. W. Clinton, 82 men, 

W. F. Rogers, 89 men, W. C. Alberger, 11 men, 

Edward L. Lee, 83 men, Henry M. Gaylord, 11 men, 
E. L. Hayward, 78 men, Horace G. Thomas, 82 men, 
Jno. M. Lay ton, 79 men, W. H. Drew, 95 men, 

be organized into a regiment, to be numbered No. 21, and an 
election for field officers ordered to be held therein. 

On motion of the Lieutenant Governor, it was unanimously 
Resolved, That the Commander-in-chief be authorized to ap- 
point a paymaster for each regiment organized by this Board, 
which paymasters shall hold their ofiSces only until the regiment 
for which they shall be appointed shall be mustered into the 
service of the United States. The Board recommends that the 
same person be appointed paymaster to each regiment assembled 
at any one depot. 

The Attorney General offered the following : 
Resolved, That an election be ordered in Capt. G. S. Jenny's 
company, to fill the office of ensign therein, reported vacant in 
place of E. H. P. Shuley, who declines, which was unanimously 
adopted. 

The Lieutenant Governor asked leave of absence until one 
week from to-morrow for the purpose of attending to official 
business, which, on motion, was granted. 

On motion of the Treasurer, the Board took a recess until 7 
o'clock, P. M. 



No. 15.] 91 

May 13, 1861—7-15 P. M. 

Present, as before. 

On motion of the Treasurer it was unanimously 

Resolved, That the companies commanded by Captains John 
McKie, Jr., Jacob L. Yates, Edmund Boynton, Lyman Ormsby, 
A. W. Holden, Geo. Clenden, Gorton F. Thomas, Thos. J. Strong, 
Miles P. G. Caldwell, Robert E. McCoy, be severally accepted and 
formed into a regiment, numbered No. 22, and that orders be 
forthwith issued for an election of regimental officers thereof, 
subject only to the condition that the companies of Capt. Robt. 
E. McCoy and Miles P. G. Caldwell stand full inspection, and 
their rolls of inspection be filed before the election of regimental 
officers. 

The Governor presented a communication from Brigadier Gen- 
eral Rathbone transmitting, in compliance with a resolution of 
this Board, adopted May 9, 1861, a statement of facts in reference 
to the petition of Geo. Cottingham. 

On motion of the Attorney General, the petition of Geo. Cot- 
tingham, together with the statement of Brigadier General Rath- 
bone, in reference thereto, was laid upon the table. 

The Adjutant General presented application of the following 
companies, within the second quota, that have been inspected and 
waiting the action of the Board : 

Ceptain Edmund Johnston, New York, 79 men, 
Captain Charles Winhold, New York, 77 men. 
Captain Gustave Leidel, New York, 77 men, 
which, on motion of the Attorney General, were unanimously 
accepted. 

The Brigadier General submitted a communication from E. G. 
Marshall declining to accept the position of lieutenant colonel of 
the 13th regiment (Col. Quimby's). The Attorney General moved 
that an election for lieutenant colonel of the 13th regiment be 
ordered in place of E. G. Marshall, who declines to serve, which 
motion was unanimously adopted. 

The Adjutant General submitted a communication from John 
E. Bendix, colonel 7th regiment, stating that an ensign of one of 
his companies had resigned, and asking that a new election be 
held. 

On motion of the Attorney General it was unanimously 

Resolved, That an election for ensign of company of the 7th 
regiment be ordered, to fill the vacancy caused by a resignation. 



92 [Assembly 

On motion of the Comptroller, it was unanimously 

Resolved, That an election for colonel of the 4th regiment in 
place of Colonel Hudson, who declines to serve, and to fill such 
vacancies as may occur by promotion, be ordered. 

The Adjutant General submitted returns of Brigadier General 
E-athbone, of an election for field officers of the 18th regiment, at 
which Wm. A. Jackson was elected colonel ; William H. Young, 
lieutenant colonel ; George R. Myers, Major. On motion of the 
Treasurer, the above named officers were unanimously accepted ; 
the election confirmed and the 18th regiment designated as one 
of the rifle regiments. 

The Governor submitted a report of the Quartermaster Gen- 
eral, in relation to furnishing rejected volunteers with passes to 
their homes, which was ordered on file. 

The Board adjourned until 12 o'clock, M., to-morrow. 



May 14, 1861. 

The Board met at the Executive Chamber at 12, noon. 

Present — the Governor, Secretary of State, Attorney General, 
State Engineer, Comptroller and Treasurer — 7. 

The minutes of the previous meeting were read and approved. 

The Secretary of State was instructed by resolution of the 
Board adopted on the 10th of May, inst., to attend to the execu- 
tion of a contract for tents with George H. Peck, whose bid had 
been accepted b}' the Board, begs leave to report that on Mon- 
day, the 13th inst., he executed such contract as aforesaid, on 
the part of the State, and also provided for its execution by 
George H. Peck, and submits the same herewith with the proper 
bond, executed by his sureties, to the Board for its approval, in 
the following words : 

Articles of Agreement made and entered into this thirteenth 
day of May, in the year of our Lord one thousand eight hundred 
and sixty-one, between th^ people of the State of New York, by 
D. R. Floyd Jones, Secretary of State of said State, duly author- 
ized by the State officers named in an act entitled "An act to 
authorize the embodying and equipment of a volunteer militia, 
and to provide for the public defence," passed April 16th, 1861, 
party of the first part, and George H. Peck, of Kings Bridge, in 
the county of Westchester, and State of New York, party of the 
second part, witnessing : 



No. 15.] 93 

That the said party of the first part, and the said party of the 
second part, for himself, his executors and administrators, have 
covenanted and agreed, and by these presents do covenant and 
agree to and with each other as follows, to wit : 

First. That the said party of the second part shall furnish, 
manufacture and deliver at such places in the State of New York 
as the Commissary General of said State, or other officer for that 
purpose empowered, shall designate, two thousand common tents, 
of the United States army pattern, for from four to six men, size 
seven by nine feet ; and two hundred and fifty wall tents with 
flies, of the United States army pattern ; all said tents to be fur- 
nished with flies and poles complete. Said tents to be made of 
canvas, in all respects similar to the sample thereof on file in the 
office of the Comptroller of the State of New York, attached to 
the bid of the party of the second part, marked Sample No. 1, and 
said tents to be in all respects of the character and description 
in said bid set forth, the sewing and stitching and all of the ma- 
terials to be of the best quality. 

Second. The party of the first part shall have power to reject 
any tents of an inferior quality to what is above stipulated, and 
the said party of the second part shall thereupon forthwith fur- 
nish other tents of the proper character in place thereof, or in 
default thereof the party of the first part shall have power to 
supply the deficiency by purchase, and the said party of the sec- 
ond part shall be charged with the difference of cost. 

Third. One hundred of said tents shall be furnished and de- 
livered as aforesaid by the said party of the second part, daily, 
after the day of the date of these presents, until the full number 
thereof shall have been delivered. 

Fourth. Time is hereby agreed to be of the essence of this 
contract ; and in case the said party of the second part shall 
not deliver said tents at the times hereinbefore specified, the 
party of the first part shall have power to supply the deficiency 
by purchase ; and the said party of the second part shall there- 
upon be chargeable with any difference of price and any dama- 
ges which may thereupon ensue ; and the said party of the first 
part shall have power to retain from the sum hereinafter stipu- 
lated to be paid to the party of the second part, such amount as 
may be necessary to indemnify said party of the first part in the 
premises. 

Fifth. The party of the first part hereby agrees to pay unto 



94 [Assembly 

the party of the second part, at the rate of fourteen dollars and 
fifty cents for each common tent, and twenty-five dollars for each 
wall tent, seventy-five percent thereof to be paid upon the de- 
livery to and acceptance of the same by said party of the first 
part, as aforesaid, and the remaining twenty-five percent thereof 
to be paid when the terms of this contract shall have been fully 
carried out and complied with by the party of the second part. 
Payments to be made in sums of five thousand dollars and up- 
wards, as said tents are delivered. 

Sixth. It is hereby stipulated and agreed, that until said tents 
shall be delivered and received by the party of the first' part, 
they shall be in all respects at the risk of the party of the sec- 
ond part. 

In witness whereof, the parties to these presents, have here- 
unto set their hands and seals the day and year first above written. 

D. R. FLOYD JONES, [l. s.J 

Secretary of State. 
GEORGE H. PECK, [l. s.] 

Sealed and delivered in presence of 
William Henry Anthon. 

State of New York, / 

City and county of JYew York, ^ 

On this thirteenth day of May, in the year of our Lord one 
thousand eight hundred and sixty-one, before me personally ap- 
peared the above named D. R. Floyd Jones and George H. Peck, 
both to me known to be the same individuals described in and 
who executed the aforegoing instrument, and severally acknowl- 
edged to me that they had executed the same. 

WM. HENRY ANTHON, 
JYotary Public city and county of JYew York. 

Know all Men by these Presents : 

That we, Nathaniel Jarvis, jr., and Joseph H. Godwin, both of 
the city of New York, are held and firmly bound unto the people 
of the State of New York, in the sum of nine thousand dollars, 
lawful money of the United States of America, for which pay- 
ment well and truly to be made, we bind ourselves and each of 
us, our heirs, executors and administrators, jointly and severally, 
firmly by these presents, sealed with our seals. Dated the thir- 
teenth day of May, in the year of our Lord one thousand eight 
hundred and sixty-one. 



No. 15.] 95 

The condition of this obligation is such that if George H. Peck, 

his executors and administrators, shall and do in all things well, 

and truly observe, perform, fulfill, accomplish and keep all and 

singular the covenants, conditions and agreements whatsoever 

which on the part of the said George H. Peck, his executors or 

administrators, are or ought to be observed, performed, fulfilled, 

accomplished and kept, comprised or mentioned in certain articles 

of agreement bearing date the thirteenth day of May, one thousand 

eight hundred and sixty-one, between the people of the State of 

New York on the one part and the said George H. Peck on the 

other part, hereunto annexed, concerning the furnishing of tents 

for the New York State volunteers, according to the true intent 

and meaning of said articles of agreement, then, and in that 

case, the above obligation to be void, otherwise to remain in full 

force and virtue. 

NATHANIEL JARVIS, Jr. [l. s.] 

JOSEPH H. GODWIN, [l. s.] 

Sealed and delivered in presence of 

Wm. Hknry Anthon. 

State of New York, ) 

y ss 
City and County of JYew York, ) 

On this thirteenth day of May, one thousand eight hundred 
and sixty-one, before me personally appeared the above named 
Nathaniel Jarvis and Joseph H. Godwin, both to me known to be 
the same individuals described in and who executed the afore- 
going instrument, and severally acknowledged to me that they 

had executed the same. 

WM. HENRY ANTHON, 

JYotary Public City arid County of JYew York. 
State or New York, ) 

City and County of JYew York, ^ 

Nathaniel Jarvis, Jr., of the city of New York, and Joseph H. 
Godwin of said city, being severally duly sworn, do depose and 
say, and each for himself deposeth and saith, that he is a free- 
holder in the State of Noav York, and is worth the sum of nine 
thousand dollars over and above all debts and liabilities and not 
including property exempt by law from execution. 

NATHANIEL JARVIS, Jr. 
JOSEPH H. GODWIN. 
Sworn to before me this 13th day of May, 1861, 
Wm. Henry Anthon, 

JYotary Public City and County of JYew York. 



96 [Assembly 

On motion of the Attorney General the report of the Secretary 
of State was unanimously accepted and approved with the thanks 
of the Board, and contract confirmed, 

A contract made on behalf of the State by Commissary Gene- 
ral Benjamin Welch, Jr., with Thomas M. Bell, for 15,000 can- 
teens, was also submitted, and on motion of the Secretary of 
State was unanimously approved and confirmed in the following 
words : 

Articles of Agreement made and entered into this ninth day of 
May in the year of our Lord one thousand eight hundred and 
sixty-one, between the people of the State of New York, by Ben- 
jamin Welch, Jr., Commissary General of the said State, party of 
the first part, and Thomas M. Bell, of the city and county of New 
York, party of the second part, WitJiessing. 

That the said party of the first part and the said party of the 
second part, for himself, his heirs, executors and administrators, 
have covenanted and agreed, and by these presents do covenant 
and agree to and with each other as follows, to wit : 

First. That the said party of the second part shall manufac- 
ture, furnish and deliver at such places in the State of New York 
as the Commissary General of said State shall designate, fifteen 
thousand canteens, covered with heavy cloth, with strap five feet 
six inches long, and buckle, and with cork screw handle, nut 
chain, complete ; said canteens to be of the United States army 
pattern, and similar to a sample heretofore delivered by the party 
of the second part unto the party of the first part. 

Second. The said canteens shall be delivered as aforesaid, one 
thousand on the 12th May inst., and the remaining fourteen 
thousand on or before the 20th day of May inst. 

Third. The party of the first part shall have power to reject 
any canteens of an inferior quality to what is above stipulated, 
and the said party of the second part shall thereupon forthwith 
furnish other canteens of the proper character in place thereof, 
or in default thereof the party of the first part shall have power 
to supply the deficiency by purchase, and the said party of the 
second part shall be chargeable with the deficiency of cost. 

Fourth. Time is hereby declared to be of the essence of this 
contract, and in case the said party of the second part shall not 
furnish and deliver said canteens at the times hereinbefore speci- 
fied, the party of the first part shall have power to supply the 
deficiency by purchase, and the said party of the second part 



No. 15.] 97 

shall thereupon be chargeable with any difference of price and 
any damage which may thereupon ensue ; and the said party of 
the first part shall have power to retain from the amount here- 
inafter stipulated to be paid unto the said party of the second 
part, such sum as may be necessary to indemnify said party of the 
first part in the premises. 

Fifth. That said party of first part hereby agrees to pay to the 
said party of the second part at the rate of forty cents for each 
of said canteens, when the same shall have been furnished, de- 
livered and accepted by the party of the first part, in accordance 
with the terms of this agreement. 

Sixth. It is hereby expressly stipulated and agreed, that until 
said canteens shall be delivered and received by the party of the 
first part, they shall be in all respects at the risk of the party of 
the second part. 

In witness whereof, the parties to these presents have hereunto 
set their hands and seals, the day and year first above written. 

BENJ. WELCH, Jr., Com. Gen. [l. s.] 
THOS. M. BELL, [l. s.] 
Sealed and delivered in presence of 

Wm. Henry Anthon. 

City and County of JVew York, ss. : 

On the ninth day of May, in the year of our Lord one thousand 
eight hundred and sixty-one, before me personally appeared the 
above named Benjamin Welch, Jr., and Thomas M. Bell, to me 
known to be the same individuals described in and who executed 
the aforegoing instrument, and severally acknowledged to me 
that they had executed tha same. 

WM. HENRY ANTHON, 

J^otary Public, City and County of JYew York. 

The Adjutant General submitted applications of the following 
companies that have been inspected within the second quota and 
waiting the action of the Board : 

Captain Walter Darwent, New York, 77 men, 
Captain James B. Caryl, Candor, Tioga county, 77 men. 
Captain James L. Letts, Yates county, 78 men, 
Captain Miles P. G. Cadwell, Essex county, 79 men, 
Captain John Waller, Jr., Sullivan county, 77 men. 
Captain Robert E. McCoy, Washington county, 78 men. 
[Assem. No. 15.j 7 



9§ [Assembly 

Which on motion of the Attorney General was unanimously ac- 
cepted. 

On motion of the Attorney General it was unanimously 
Resolved, That vacancies in company officers in the volunteers 
while the regiment remains in the State may be filled by elec- 
tions to be ordered by the commandant of the regiment, and by 
him reported to the Commander-in-Chief who will commission the 
officers so elected ; and that the regimental staff officers be ap- 
-pointed by the commandants of regiments respectively and com- 
missioned as above. 

On motion of the Attorney General, it was unanimously 
Resolved, that the companies commanded by Captains John F. 
Baker, Owen Garrigan, E. H. Schenck, Charles H. Stewart, Jno. 
H. Ammon, Solomon Giles, Nelson F. Stephens, J. E. Ashcroft, 
F. J. Kennedy, James R. Angel, be severally accepted and 
formed into a regiment, to be numbered No. 19, and that orders 
be forthwith issued for an election of regimental officers thereof, 
subject only to the condition that the companies of Capts. Owen 
Garrigan, E. H. Schenck, and J. E. Ashcroft stand full inspection, 
and their rolls of inspection be filed before the election of regi- 
mental officers. 

On motion of the Treasurer, it was unanimously 
Resolved, That the several companies commanded by Captains 
Chas. A. Johnson, Chas. H. Smith, Nelson B. Bartram, Chas. G. 
Stone, John W. Lyon, Franklin J. Davis, Jas. H. Demarest, Jas. 
Tyrrell, Andrew Wilson, Wm. Chalmers, be formed into a regi- 
ment, numbered No. 17, and that an order be issued for the elec- 
tion of field officers in said regiment. 

A communication from nine captains of comj)anies representing 
the regiment from the counties of Warren, Essex, and Washing- 
ton, was presented, asking that the regiment might be ordered to 
rendezvous at Camp Willard, so soon as the regiments now quar- 
tered there shall vacate the camp. (No action.) 

The Secretary of State moved, that when i;he Board adjourn it 
take a recess until 7 o'clock, P. M. 

On motion of the Treasurer, the Board adjourned. 

May 14, 7| P. M. 

Present as before. 

The Adjutant General presented a communication from John 
P. Rathbone, Brigadier General commanding Albany depot of 



No. iS.J 99 

volunteers, stating that Charles A. Johnson, who was elected 
lieutenant colonel of the 14th regiment, declines to serve. 

On motion of the Attorney General, an election was ordered 
for colonel of the 14th regiment in place of Charles A. Johnson, 
who declines to serve. 

The Adjutant General presented applications of the following 
companies, that have been inspected within the second quota, 
waiting the action of the Board. 

Capt. Elihu J. Faxon. Buifalo, 80 men. 
" Ros. A. Fish, New York, 79 men. 
" James H. Butler, New Yorii, 81 men. 
" John Kavanagh, New York, 79 men. 
" Michael Doran, New York, 79 men. 
" James T. Maguire, New York, 77 men. 
" John Burke, New York, 78 men. 
" Bartholomew Pruyn, Col. co.. New York, 80 men. 
Which, on motion of the Treasurer, were unanimously accepted. 
On motion of the Comptroller, Wm. James White, a private in 
Capt. Hulbert's company, now quartered at the Albany depot for 
volunteers, and who is only about 17 years of age, was ordered 
to be discharged. 

The Chair submitted a communication from Brigadier General 
Rathbone, in relation to the employment of musicians for the 
Albany depot of volunteers, and also the hire of a hack for the 
use of himself and aids. (No action.) 

On motion of the Treasurer, the Board adjourned until 12 M. 
to-morrow. 



May 15th, 1861. 

The Board met at the Executive Chamber at 12 o'clock, M. 

Present — the Governor, Secretary of State, Attorney General, 
Comptroller, Treasurer, and State Engineer. 

The minutes of the previous meeting were read and approved. 

The Secretary of State moved a reconsideration of the resolu- 
tion oflFered by the Lieutenant Governor on the 13th instant, au- 
thorizing the Governor to appoint regimental paymasters, which 
was carried. 

The Attorney General moved the following as a substitute 
therefor : 

- Resolved, That commandants of the respective regiments ap- 
point regimental paymasters to their respective regiments, and 



100 ] Assembly 

that the duties, pay and functions of such paymasters shall be 
suspended while their respective regiments shall be in the service 
of the United States. 

Which was unanimously adopted. 

On motion of the Attorney General, it was unanimously 

Resolved, That the commandants of the respective rendezvous 
for volunteers be authorized to order all accepted companies, not 
attached to organized regiments, into regiments, and to order an 
election of regimental officers in each ; that orders to effect the 
above be at once issued to such commandants, requiring them to 
execute the above duties without delay, and report at once by 
messenger, if necessary, to the proper department what they 
shall respectively have done in execution of such order. 

The Secretary of State oftered the following preamble and reso- 
lution : 

Whereof!, applications have been made to this Board, from 
various portions of the State, of companies for orders of inspec- 
tion, preparatory to their being accepted into service and formed 
into regiments, and 

Whereas, many of these companies so applying are known to 
be composed of men well drilled and mostly equipped, and atford- 
ing well grounded assurance, if accepted into service, they will 
prove to be amongst the most efficient soldiers whom the Govern- 
ment is calling upon to aid it in preserving its integrity and sus- 
taining its institutions and laws, and 

Whereas, it is believed that this State will soon be called upon 
to furnish additional troops, and the inevitable effect of rejecting 
the proffered services of these companies at this time will be 
almost universal dissatisfaction and disappointment, and must 
create difficulties hereafter in bringing these disbanded and dis- 
heartened men again into the service of the country, and 

Whereas, there is now no certainty that the quota of 30,000 
men, authorized by the act of April 16th, 1861, has been filled by 
previous acceptance, now therefore. 

Resolved, That this Board will accept into the service such 
companies as, upon inspection, shall be found to be full, and are 
ready and anxious to be mustered into immediate service, and 
volunteer to serve for two years, and will proceed without delay 
to form them into regiments, and either tender them at once to 
the General Government, or order them to rendezvous at such 
places as may be hereafter designated, so that they may be in a 



No. 15.] 101 

position to respond to any sudden demand that may be made for 
their services, and be ready at a moment's notice to rally at the 
call of their country to the defence of its rights and the protec- 
tion of its flag. 

Which by unanimous consent was laid on the table. 

On motion of the Secretary of State it was unanimously 

Resolved, That the companies commanded by captains (A) 
White, (B) Fairman, (C) Elder, (D) Marshall, (E) Missing, (F) 
Winchester, (G) Newberry, (H) Happer, (I) Briggs, 77 men each, 
(K) Richardson, 81 men, be severally accepted and formed into 
a regiment numbered No, 10 ; that the election for company and 
field officers heretofore held therein, be confirmed, and the said 
officers severally accepted to take effect as of the date of the 
acceptance thereof by the Adjutant General. 

The Governor moved that when the Board adjourns it adjourn 
until 9 A. M. to-morrow, which was carried. 

The Adjutant General presented ajoplication of the following 
companies inspected within the 2d quota, waiting the action of 
the Board : 

Captain Geo. W. Flower, Jefferson county, 79 men, 
Captain Russell Myers, New York, 78 men. 
Captain Wm. H. Bennett, New York, 77 men. 
which on motion of the Attorney General was unanimously ac- 
cepted. 

The Adjutant General also submitted a return of Brigadier 
General H. B. Van Valkenburgh, commanding depot of volun- 
teers at Elmira, stating that an election for field officers of the 
21st regiment, held on the 12th inst., at which he presided, the 
following persons were elected : 

For colonel, Wm. F. Rogers, 
For lieutenant colonel, Adrian R. Root, 
For major, Wm. H. Drew, 
which on motion of the Attorney General were unanimously 
accepted and the election confirmed. 

On motion of the Secretary of State, the Governor and Attor- 
ney General were appointed a committee to reply to a communi- 
cation by telegraph received this day by the Governor from the 
Secretary of War, in relation to the acceptance of volunteers 
from this State. 

Adjourned. 



102 [Assembly 

May 16, 1861. 

The Board met at the Executive Chamber at 9 o'clock, A. M. 

Present— the Governor, Lieutenant Governor, Secretary of 
State, Comptroller, Attorney General and State Engineer, <fec. 

The minutes of the previous meeting were read and approved. 

The Governor submitted a letter from H. S. Lansing, colonel 
of the I7th regiment, reporting Captain Chalmers for disobedi- 
ence of orders and insubordination. On motion a reply was 
directed to be made to Colonel Lansing that the communication 
to the Board is premature, himself not being an officer of the 
force. 

The Governor reported that the committee of himself and the 
Attorney General who were appointed (by a resolution passed 
yesterday) to communicate with the Secretary of War, had 
despatched a letter in the following words, signed by the Gov- 
ernor as Commander-in-Chief, to Washington, by special mes- 
senger. 

STATE OF NEW YORK: ^ 

Executive Department ^ 

Albany, May 15, 1861. J 
Hon. Simon Cameron, Secretary of War, Washington, D. C. : 

Sir — I am in receipt of your telegram of this date, of which 
the following is a copy: 

"Governor E. D. Morgan: Your letter informing me of the 
action of your Military Board leaves no doubt of a misunder- 
standing as to the acceptance of troops from your State. It was 
my intention to accept only twenty-eight regiments and not 
thirty-eight. This Department can now accept only eleven 
under the second proclamation of the President, to serve for two 
years or during the war, 

SIMON CAMERON, Secretary of War.'' 

As a singular misunderstanding seems to exist between the 
Government of the United States and that of the State of New 
York, in regard to the troops to be furnished by the latter for 
the service of the former, permit me to call your attention to the 
facts upon which the Government of the State have acted, 

Before any requisition was made by the General Government 
upon the State of New York for troops, the Legislature of this 
Stat6 had passed the act, a copy whereof is hereto attached, 
marked "A," and had also passed another act appropriating five 



No. 15.] 103 

hundred thousand dollars for the purpose of procuring arms, 
which latter amount has already been sent to Europe for the 
purpose authorized by the act. 

Your requisition for seventeen regiments was filled, so far as 
necessary from the uniformed militia of the State, and the 
State Government proceeded to organize the force of thirty thou- 
sand men authorized by the act annexed, but as it was apparent 
the means provided by the Legislature, after so large a remit- 
tance for the purchase of arms as above-mentioned, would not 
enable the Government to pay and subsist this force, and would 
only be sufficient to uniform, arm and equip it, and as the Con- 
stitution of our State prohibits the contraction of any debt not 
authorized under its provisions by law, the Board of officers 
formed under the said act, on the 29th day of April last, dee- 
patched to the seat of the General Government, the Attorney 
General of this State, one of the said Board, to treat with the 
General Government as to the disposition of the force they pro- 
posed to raise. 

The Attorney General reported to the said Board that he had 
made a communication to the Secretary of War of the United 
States, a copy of which is hereunto annexed, marked " B," bear- 
ing date the 1st instant, and your reply thereto, which is here- 
unto annexed, marked " C," bearing date the 3d instant. An ex- 
amination of these documents will show that an explicit agree- 
ment on behalf of the United States is contained therein to re- 
ceive from the State of New York at the depot in this State 
thirty-eight regiments of men to serve for two years unless sooner 
discharged, and to assume the instruction, pay and subsistence 
of that force. 

Upon the faith of this agreement the Board of State officers 
formed by said act, marked " A," have accepted the services, 
enrolled and formed into companies all of said force ; have orga- 
nized already more than half into regiments, and the remaining 
companies await only the necessary action of being formed into 
regiments and the election of regimental officers. In the mean- 
time the State has incurred very heavy expenses in the pay and 
subsistence of the men to compose this force and in transporta- 
tion to depots — has made contracts now in progress of rapid ful- 
filment for uniform and equipment, including tents and necessary 
camp equipage for the use of thirty-eight regiments, and thus 
provided for the expenditure of the whole of the liberal appro- 



104 [Assembly 

priation made by its Legislature in aid of the General Govern- 
ment. If under these circumstances the course intended to be 
pursued by the General Government is truly indicated by the 
telegram above copied, it is apparent the troops already raised 
by this State beyond twenty-eight regiments must be at once dis- 
banded, and the large amount expended in the equipment or con- 
tracted for, and the faith of the State pledged f )r the fulfilment 
of the contracts on her behalf must be lost to the public, beside 
producing, it is to be feared, a most unfavorable influence in re- 
pressing the patriotic zeal of the State. 

I am persuaded, if the above telegram M^as dictated by you, it 
was done without recurring to the terms of the agreement entered 
into with this State copies of which are as above hereto annexed, 
and the originals of which are on file in your office, and do not 
doubt that upon an examination of ths case the General Govern- 
ment will execute in good faith its agreement with this State. 

I beg further to suggest that although the voluntary exertions 
of unofficial persons and bodies may evince commendable patriot- 
ism, yet their intervention between constituted authorities leads 
to irregularity, uncertainty, and inexplicable confusion. 

The interference of private and unofficial persons claiming to 
act under some kind of order from the General Government, with 
the movement of troops of this State, has already been produc- 
tive of mischief, and the offers by like persons of troops from 
this State to the General Government has, I presume, been the 
source of misunderstanding. This State will insist upon the 
regiments raised by its legally constituted authorities being re- 
ceived by the General Government, without regard to any you 
may receive tendered by individuals claiming to come from this 
State, some of whose offers are reported to have been accepted 
by the United States ; and I beg that any orders requisite as to 
troops here not mustered into the service of the United States, 
may be addressed and transmitted directly to the undersigned, 
Commander-in-chief of the militia of this State. 
I have the honor to be 

Your obedient servant, 

E. D. MORGAN, 

The Comptroller moved that the report and letter be approved. 
The Secretary of State moved to amend by inserting before the 
word " report " the words the ' tenor and substance of the." 



No. 15.] 105 

Question being on the amendment of the Secretary of State, 
the ayes and noes were called for, and the Secretary proceeded 
to call the roll, which resulted as follows : 

Governor, no ; Secretary of State, aye ; Comptroller, no ; At- 
torney General, no; Treasurer, no; State Engineer, &c., aye; 
ayes, 2 ; noes, 4 ; w^hereupon the chair declared the motion lost. 

Question was row on the motion of the Comptroller, ayes and 
noes were called 'with the following result: 

Governor, aye; Secretary of State declined to vote; Comp- 
troller, aye ; Attorney General, aye ; Treasurer, aye ; State En- 
gineer, &c., declined to vote, and the motion was declared by the 
chair to be carried. 

On motion of the Comptroller, it was unanimously 

Resolved, That the 1st brigade consist of regiments No. 1, Col. 
Allen; No. 2, CoL Carr; No. 3, Col. Townsend ; No. 20, Col. 
Weber ; No. 5, Col. Duryea. 

Resolved, That the 2d brigade consist of regiments No. t, Col. 
Bendix; No. 8, Col. Blenker ; No. 9, Col. Hawkins, and No. 11, 
Col. Ellsworth. 

That the said first and second brigades form the first division, 
and that orders be forthwith issued for the election of a brigadier 
general and brigade inspector for each of said brigades. 

By unanimous consent, further consideration of the organiza- 
tion of additional brigades was laid aside for the present. 

The Secretary of State oflered the following : 

Resolved, That the companies under the command of the fol- 
lowing company officers, to wit, Captains John Franklin, Louis 
Beuiel, Edward E. Price, James McDermott,- David Hogs, Patrick 
Duffy, Andrew Rogers, John S. Austin, James Peckliam, Robert 
Kehoe, be accepted by this Board, and that they be formed into 
a regiment, to be numbered No. 26, and that an election for field 
officers therein be ordered. 

Ayes and noes being called, the secretary proceeded to call the 
roll, with the following result : 

Governor, no ; Attorney General, no ; Secretary of State, aye ; 
Treasurer, aye ; Comptroller, no ; State Engineer, aye ; ayes, 3 ; 
noes, 3 : whereupon the motion was declared to be lost. 

On motion of the Comptroller, it was unanimously 

Resolved, That the companies commanded by the following 
captains, to wit, Martin C. Clark, Marshall M. Loydon, James H. 
Chapman, William W. Dingleday, Henry C. Hoffman, Theodoro 



10'6 [Assembly 

Shlick, Franlvlin B. Doty, Lyreene Todd, Sumner Barstow, Geo. 
H. Powers, be organized into a regiment by order of Brigadier 
General Van Valkenbiirgli, jpnrsuant to the resolution of this 
Board for a regiment to be numbered No. 23, and that the field 
officers elected therein, under the order of said officer, be ac- 
cepted and the said election confirmed. 

On motion of the Comptroller it was unanimously 

Resolved, That the pay of regimental paymasters be the same 
as the pay of lieutenants in the United States army, and that the 
pay of chaplains be $<30 per month and four rations per day, to 
commence from the date of their commissions. 

The Secretary of State moved that when this Board adjourn, 
it take a recess until 7 o'clock this F. M., which was carried. 

The chair submitted a communication from Wood, Willard and 
Prentice in relation to their contract with the State for shoes, 
which on motion of the Comptroller was laid on the table. 

The Adjutant General submitted a telegraphic despatch from 
Brig. General C. Yates, reporting that at an election for field 
officers of tlie 20t]i regiment, the following named persona were 
chosen : 

For colonel, Max Webber. 
For lieut. col., Franz Weiss. 
For major, Englebert Schrepf. 

On motion of the Secret ar}'- of State the above named officers 
were accepted and the election confirmed. 

On motion of the Comptroller the Board adjourned. 

7.15 P. M., May 16, 1861. 

Present, as before. 

On motion of the Attorney General it was unanimously 
Resolved, That regiment No. 9, Col. Hawkins, be transferred 
from the second to the first brigade, first division, and that regi- 
ment No. 20, Col. Weber, be transferred from the first to the 
second brigade, first division. 

On motion of the Comptroller it was unanimously 
Resolved, That General Rathbone, in forming regiments, be 
directed not to separate the five accepted companies from the 
county of Herkimer. 

On motion of the Attorney General it was unanimously 
Resolved, That General Yates be instructed not to attach the 



No. 15.] 107 

companies commanded by Capts. A. Sas Wienhold and Loidel 
into any regiment lie may form, until further orders. 

The Adjutant General submitted return of Brig. Gen. Ralh- 
bone of an election for field officers of the regiment composed of 
the following named companies, to wit : Captains Jno. McKie, Jr., 
Lyman Ormsby, Edmund Boynton, A. W. Holden, Gorton T. 
Thomas, Thos. J. Strong, Miles P. G. Cadwell, Jacob L. Yates, 
Robert E. McCo}'- and George Clenoon, at which 
Walter Phelps, Jr., was chosen colonel. 
Gorton T. Thomas " lieut. col. 

John McKie " major. 

On motion of the Comptroller the services of the above named 
field officers were accepted and the election confirmed. 

The Secretary of State moved that when the Board adjourns it 
adjourn to meet at 10 A. M. to-morrow, Avhich was carried. 

On motion of the Attorney General it was unanimously 

Resolved, That the several companies commanded by Captains 
John D. O'Brien, Edward M. Paine, Francis C. Miller, Orville J. 
Jennings, Melzar Richards, Albert Taylor, Wm. D. Ferguson, Ar- 
chibald H. Preston, Levi Beardsley, Andrew J. Barney be organ- 
ized into a regiment numbered No. , and that the election of 

field officers held there by order of Brig. General Van Valken- 
burgh be confirmed, and the services of the said field officers ac- 
cepted. 

The Adjutant General reported the following companies in- 
spected within the second quota, waiting the action of the Board : 
Capt. Horace R. Jlowlett, New York, 79 men, 

" Luke G. Harmon, Allegany, Catt. Co. 80 men, 
" Henry L. Achilles, Jr., Orleans Co. 77 men, 
" Samuel Waddell, New York, 77 men, 
which, on motion of the Attorney General, were accepted. 

The Adjutant General submitted return of Brig. Gen. Charles 
Yates commanding N. Y. depot of an election for field olficers of 
the 4th regiment N. Y. S. volunteers, held on the 15th inst., at 
which were chosen Alfred W. Taylor colonel, in place of Edward 
McK. Hudson declined, and Wm. Jamieson major, in place of Al- 
fred W. Taylor promoted. 

On motion of the Attorney General the services of the above 
named officers were accepted, and the -election confirmed. 

On motion of the Attorney General the Board adjourned. 



Xi^B [Assembly 

May 17, 1861. 

The Board met at the Executive Chamber at 10 o'clock A. M. 

Present — the Governor, Secretary of State, Attorney General, 
Treasurer, State Engineer and Comptroller. 

The minutes of the previous meeting were read and approved. 

On motion of the Attorney General it was unanimously, 

Resolved, That General Van Valkenburgh be instructed in 
forming regiments to place the companies commanded by Cap- 
tains Walker of Geneva, Aiken of Waterloo, Bodine of Ovid, Cut- 
ler of Canandaigua, Guin of Seneca Falls, Leets of Penn Yan, 
DeGraw of Seneca Falls in the same regiment. 

The Adjutant General stated that Captain E. W. Peckham of 
Pulaski, Oswego Co., with a command of 45 men, came to Albany 
May 16, without orders, that his company is 419 on the list, that 
he was telegraphed to by Senator Warner to come in and join 
McQuade's regiment, which was full when he arrived here. He 
wants to be accepted or sent home with his command, and asks 
for an order for subsistence while here. 

The Secretary of State moved that the company above re- 
ferred to, commanded by Capt. E. W. Peckham, be ordered into 
barracks and subsisted until further orders of the Board, which 
was carried. 

The Secretary of State offered the following : 

Resolved, That the application of Capt. Mahen, on behalf of his 
company, to be released and discharged from further service, be 
granted, and such company is hereby released and discharged. 

Resolved, That the application of Isaac L. Taylor, on behalf 
of his company, to be released from further service, be granted, 
and such company is hereby so released and discharged. 

Resolved, That the application of Capt. Joseph Keller, on be- 
half of his company, to be released and discharged from further 
service, be granted, and such company is hereby so released and 
discharged, which were adopted. 

On motion of the Attorney General, it was unanimously 

Resolved, That the companies commanded by the following 
Captains : Jennings, Casselman, Arrowsmith, Blackwell, Wet- 
more, Brindle, D. Smith, Jr., Davis, Palmer, and Caryle, when 
here, be formed into regiments by order of Brig. General Van 
Valkenburgh, and have elected field officers by his orders, be a 
regiment, numbered No. 26, and the service of Wm. H. Christian 



No. 15.] 109 

as colonel, Richard H. Richardson as lieut, colonel, and Gilbert 
L. Jennings as major, be accepted, and the election confirmed. 

On motion of the Attorney General, it was unanimously 
Resolved, That the election of John S. Clark, colonel, Clarence 
A. Seward, lieut. colonel, and James H. Ledler, as major of the 
19th regiment, be confirmed, and their services accepted. 

The Attorney General moved that the Adjutant General be di- 
rected to issue an order for the inspection of company No. 175, 
commanded by N. Easterbrook, jr., which was carried. 

On motion of the State Engineer and Surveyor, it was unani- 
mously 

Resolved, That the Governor be authorized to furnish, without 
delay, the necessary supplies, where the same cannot be obtained 
under existing contracts, authorized by the Board to those five 
regiments organized under the law of April 16, 1861, which shall 
first be put into the- field in the service of the General Govern- 
ment. 

The Adjutant General submitted applications of the following, 
companies waiting the action of the Board within the second 
quota. 

Captain Francis J. McHugh, New York, 79 men. 

Captain Dimmick O'Conner, do 79 men. 

Captain Michael Murphy, do 78 men, 

which, on motion of the Attorney General, were accepted. 

On motion of the Secretary of State, the Board took a recess 
until 7 o'clock, P. M. 

7 o'clock, P. M. 

The Board met at the Executive Chamber. 

Present — Attorney General, Secretary of State, Comptroller, 
Treasurer, and State Engineer, &c. 

On motion of the Comptroller, the Attorney General took the 
chair. 

The Comptroller moved to take from the table the following 
preamble and resolutions offered by the Secretary of State on the 
15th instant, which motion was carried. 

Whereas, applications have been made to this Board from vari- 
ous portions of the State of companies for orders of inspection 
preparatory to their being accepted into service and formed into 
regiments, and 



110 [Assembly 

Whereas, many of these companies so applying are known to 
be composed of men well drilled, and mostly equipped, and afford- 
ing well grounded assurance, if accepted into service, that they 
will prove to be amongst the most efficient soldiers whom the 
Government is calling upon to aid it in preserving its integrity, 
and sustaining its institutions and laws, and 

Whereas, it is believed that this State will soon be called upon 
to furnish additional troops, and the inevitable effect of rejecting 
the proffered services of these companies at this time will be 
almost universal dissatisfaction and disappointment, and must 
create difficulties hereafter in bringing these disbanded and dis- 
heartened meu again into the service of the country, and 

Whereas, there is now no certainty that tlie quota of 30,000 
men, authorized by the act of April IG, 1861, has been filled by 
previous acceptances ; now, therefore. 

Resolved, That this Board Avill accept into the service such 
companies as, upon inspection, shall be found to be full, and are 
/eady and anxious to be mustered into immediate service, such 
volunteers to serve for two years, and will proceed without delay 
to form them into regiments, and either tender them at once to 
the General Government, or order them to rendezvous at such 
places as may be hereafter designated, so that they may be in a 
position to respond to any sudden demand that may be made for 
their services, and be ready at a moment's notice to rally at the 
call of their country to the defence of its rights and the protec- 
tion of its flag. 

Mr. Myers moved to amend the preamble and resolutions by 
striking out all after the words " institutions and laws," and in- 
serting as follows : and 

Whereas, The Secretary of War, by a late telegram, seems un- 
willing to receive more than twenty-eight regiments of the thirty- 
eight agreed by him to be received, but it is expected that he will 
still receive the whole thirty-eight, and 

Whereas, twenty-six of said regiments are already organized 
and officered in full, and the regimental officers of two more 
elected, and the regiments formed, and other companies are now 
formed and accepted, or having filed their applications, are await- 
ing only inspection and acceptance, more than sufficient, to form 
the remaining regiments, exclusive of those who have applied 
since the 7th inst., each officer and man of whom have acquired 
the right to be received in the order of their enrolment, and a 



No. 15.] lU 

denial of which right would bean act of bad faith on the part of 
the State, and of gross injustice on the part of the Board, and 

Whereas, inasmuch as this Board has no shadow of authority 
by law to enlist more than 30,000 men, or thirty-eight regiments, 
the acceptance by them of full regiments from the cities, whose 
applications were not filed before the "Zth inst., will operate to 
exclude just so many of the country companies, and 

Whereas, the funds provided by the Legislature will not more 
than uniform and equip thirty-eight regiments, leaving no means 
to pay or subsist such as the General Government will not re- 
ceive — and the Constitution we are sworn to support forbids any 
debt to be contracted for that purpose, so that to organize a 
force beyond what the United States will accept, would be not 
only a wicked but useless act, inasmuch as they must be at once 
disbanded for want both of authority and means to maintain 
them ; therefore 

Resolved, That this Board will receive, arm and equip thirty- 
eight regimenta, including those already organized, and no more. 
But each company shall be entitled to be received if fnll Avhen 
called upon in its order of priority, and none shall be supplanted 
by companies of later application through any favoritism, politi- 
cal, personal, or local. 

The question being on accepting the amendment, the ayes and 
noes were called, and it M'as determined in the affirmative, by the 
following vote : 

Ayes — Comptroller, Treasurer, and Attorney General — 3. 

Noes — Secretary of State, and State Engineer — 2, 

The chair put the question whether the Board would agree to 
the preamble and resolution as amended, and it was determined 
in the affirmative, as follows : 

Ayes — Comptroller, Treasurer, and Attorney General — 3. 

Noes — Secretary of State, and State Engineer and Surveyor — 2. 

The Comptroller moved that a copy of the foregoing, certified 
by the Secretary be published in the New York Times, New York 
Tribune, Albany Arias & Argus, and Albany Evening Journal. 

The Secretary of State moved to amend by directing the Sec- 
retary to publish all the proceedings of the Board, which was lost 
by the following vote : 

Ayes — Secretary of State, and State Engineer — 2. 

Noes — Comptroller, Treasurer and Attorney General — 3, 



112 [Assembly 

The motion of the Comptroller was then put and adopted by a 
unanimous vote. 

The Chair submitted a communication from Brigadier General 
Rathbone, commanding depot of volunteers at Albany. By unan- 
imous consent the letter of General Rathbone was laid on the table. 

The Adjutant General submitted the application of the follow- 
ing companies, inspected within the second quota, waiting the 
action of the Board. 

Captain W. R. McDonald, New York, 82 men. 

Captain Henry Baldwin, Addison, Steuben Co., 77 men, 
which, on motion of the Secretary of State, were unanimously 
accepted. 

The Chair presented an affidavit of Captain Wells Sponable, 
which, on motion, was laid on the table; also a communication 
from Thomas A. Davies, colonel of 16th regiment, which was also 
laid on the table- 

The Secretary of State moved that when this Board adjourns 
it adjourn until 11 o'clock to-morrow, which motion was carried. 

The Adjutant General stated that Wm. Farrell, a boy seven- 
teen years of age, had enlisted in Captain McNutt's company, 
2d regiment. Colonel Carr, N. Y. S. V., without the consent of 
his mother, who now desires and petitions for his release. On 
motion, the application for the discharge of Wm. Farrell was 
referred to Colonel Carr, to report on the facts of the case. 

On motion of the Secretary of State, leave of absence was 
granted to the State Engineer until Wednesday morning next. 

On motion of the Treasurer, the Board adjourned to 11 o'clock 
A. M. to-morrow. 



May 18, 1861. 

The Board met at the Executive chamber at 11 o'clock. 

Present — Secretary of State, Comptroller, Attorney General, 
and Treasurer. 

On motion of the Attorney General, the Treasurer took the 
chair. 

The minutes of the previous meeting were read and approved. 

On motion of the Secretary of State it was unanimously 

Resolved, That the services of Henry Seymour Lansing, as col- 
onel, Thomas Ford Morris, as lieutenant colonel, and Charles 
Adams Johnson, as major of the l7th regiment N. Y. S. V., be 
accepted, and their election confirmed. 



No. 15.] 113 

On motion of tlie Attorney General it was unanimously 
Resolved, That the companies commanded by Hans Van Nos- 
titz, Clemens D. Lorst, Gustavus Meiser, Charles Barkwood, 
AdamEikel, and Ulrich Gullman, be accepted. ^ 

On motion of the Attorney General, it was unanimously 

Resolved, That the companies commanded by Captains David 
Lamb, Assas Urmhold, and Leidell Van Nostitz, Lorst, Meiser 
Barkwood, Eikel, and Gullman, be formed into a regiment, to be 
numbered No. 27, and that an election of regimental officers be 
ordered therein. 

The Adjutant General submitted applications of the following 
companies, inspected within the second quota, waiting action of 
the Board. 

Capt. Theodore Fitzgerald, Canandaigua, 78 men, 

Capt. Patrick McGraw, Seneca Falls, 77 men, 
which, on motioji of the Attorney General, were accepted. 

On motion of the Secretary of State, the Board took a recess 
until 3 1 o'clock. 

3.40 P. M. 

Present, as before. 

On motion of the Comptroller, it was 

Resolved, That Gen. Rathbone be relieved from the further 
duty of forming regiments or holding elections therein at the 
Albany rendezvous, and that he report to this Board without de- 
lay, all the unattached companies at this rendezvous, including 
those at Troy. 

On motion of the Attorney General, it was 

Resolved, That the companies commanded by Captains David 
Hardee, Jas. R. Mitchell, Edwin A. Bowen, Thomas P. Gould, 
Elliot W. Cook, W. W. Bush, Wm. H. H. Mapes, A. H. Pages, T. 
Fitzgerald, and John Fitzgerald, jr., who were formed into a re- 
giment numbered 28. That the service of Dudley Donnelly as 
colonel, Edwin F. Brown as lieut. colonel, and James R. Mitchell 
as major, be accepted and the election confirmed. 

On motion of the Attorney General, the company No. 110, re- 
ported full, commanded by William L. Oswald, formerly com- 
manded by Captain Stringer, was accepted. 

Secretary of State moved to adjourn till 11 A. M., Monday. 

Carried. 

[Assem. No. 15.] 8 



H4 [Assembly 

May 20, 1861. 

The Board met at 11 A. M., at the Executive chamber. 

Present — the Governor, Secretary of State, Treasurer and 
Attorney General. 

Minutes of the previous meeting were read and approved. 

The Governor reported that he proceeded to New York on 
Friday evening; that on Saturday having ascertained that only 
about 600 of the tents, contracted to be furnished by Chas. H. 
Tyler, had been delivered, although by the terms of his contract 
the whole number of 2,000 common and 250 wall tents should 
have been delivered to the Commissary General previous to that 
date, he directed Col. Shepard to notify in writing Mr. Tyler 
that his contract with the State, so far as relates to common 
tents, has terminated by his failure to comply with its conditions. 
He also stated that he had purchased from Fox and Polhemus 
200 tents complete at $15; from Benedict Hall and Co., 1,000 
pairs of shoes at $1.10, 2,000 pairs at $1.17 per pair, and from 
Alex. T. Stewart and Co., 550 doz. California miners' shirts at 
$12 a doz., and 40,000 pairs of socks at $1.50 per doz. 

On motion of the Treasurer the report of the Governor was 
unanimously accepted and approved, with the thanks of the 
Board. 

In reply to the application of Messrs. Wood, Willard and 
Prentice for the extension of their contracts for shoes, the Comp- 
troller moved that the time for the delivery of shoes under the 
contract of Wood, Willard and Prentice be not extended. 

Che Treasurer moved that the Board now proceed to consider 
the bids for supplies, advertised to be opened to-day, in the order 
of the advertisement, which Avas carried. 

The Board then adjourned to the Senate Chamber to publicly 
open the bids. Each bid was opened, read, and memorandum 
was taken, which duty occupied the Board until 6 o'clock, P. M., 
when it adjourned to meet at the same place a 9 A. M. Tuesday 
morning. 



May 21, 1861. 

The Board met in the Senate Chamber. 

Present — the Governor, Secretary of State, Attorney General, 
Comptroller and Lieutenant Governor. 

Tie reading of the minutes was dispensed with, and the Board 
proceeded to open bids. At 12 o'clock, having finished opening 



No. 15.j 115 

the bids, the Board adjourned to the Executive Chamber, where 
the minutes of the previous meeting were read and approved. 
On motion of the Attorney General, it was unanimously 
Resolved, That the Governor be requested to cause an abstract 
of the bids opened to be made, in which each kind of article 
called for shall be stated separately, with the name of the bidder 
therefor, and the price indicated in the bid ; and that he cause 
the samples of each article to be arranged together, labelled with 
the owner's name, in the Senate Chamber, and that none but the 
members of this Board, and the officers employed by the Gover- 
nor to perform that duty, be admitted to that room until the bids 
are determined. 

The Adjutant General presented a letter from Joseph J. Cham- 
bers (on file) relative to the transportation of his company over 
the Harlem road, in reply to which the Comptroller oflered the 
following resolution, which was unanimously adopted. 

Resolved, That the Quartermaster General be directed to pay 
to Joseph J. Chambers $24.60, which amount said Chambers has 
represented to have been paid by him to the Harlem Railroad 
Co. for transportation of himself and command from White Plains 
to New York. 

On motion of the Attorney General, it was unanimously 
Resolved, That the companies commanded by George G. Wan- 
zer, H. Rogers, James Perkins, Alex. D. Adams, Jas. J. Bartlet, 
Peter Jay, Jos. J. Chambers, H. L. Achilles, jr., C. C. Gardner, 
C. E. Martin, formed into a regiment by order of General Van 
Valkenburgh, be confirmed as a regiment, numbered No. 27; that 
the services of Henry W. Slocum as colonel, Joseph J. Chambers 
as lieut. colonel, Joseph J. Bartlet as major, be accepted and the 
election confirmed. 

On motion of the Comptroller, it was unanimously 
Resolved, That the several companies commanded by Captains 
M. F. Bliven, Albert J. Perry, M. H. Crysler, B. M. Van Vorst, 
Harrison Halliday, Charles E. Briutnall, Samuel King, John Van 
Rensselaer, J. M. Landon, Bartholomew Pruyn, be organized into 
a regiment, numbered No. 29, and that the election of field offi- 
cers held therein by order of Brigadier General Van Valken- 
burgh be confirmed, and the services of E. Frisby, as colonel, 
Charles E. Brintnall as lieutenant colonel, Wm. M, Searing as 
major, be accepted. 



116 [Assembly 

The Attorne}^ General offered the following resolution which 
v/as unanimously carried : 

Resolved, That the Governor be and he is hereby authorized 
to tender to the United States Government the bullet machine 
purchased by this Board of Mr. Parmenter of Troy, as soon as 
the same is delivered, at the price of its cost to the State. 

The Adjutant General submitted the return of Brigadier Gen- 
eral Yates of an election for field oflScers of the 25th regiment 
New York State volunteers, at which James E. Kerrigan was 
chosen colonel, Edward C. Charles, lieutenant colonel, and George 
Montjoy, major. 

On motion of the Lieutenant Governor, the services of the 
above named officers were accepted and their election confirmed. 

The Adjutant General submitted return of Brigadier General 
Van Valkenburgh of an election held for lieutenant colonel of 
the 13th regiment New York State volunteers, inplace'of E. G. 
Marshall, who declines to serve, at which election Carl Stephen 
was elected. 

On motion of the Comptroller the services of the above named 
Carl Stephen was accepted and the election confirmed. 

On motion of the Lieutenant Governor, the company now com- 
manded by Captain DeWitt (formerly commanded by Captain 
Creed) was accepted. 

A telegraphic despatch from J. H. Hobart Ward, petitioning 
that three companies be assigned to him, was on motion laid on 
the table. 

On motion of the Treasurer it was 

Resolved, That Adam Phral's company be accepted and added 
to the following companies, to wit. : those commanded by Cap- 
tains Assass, Wemhold, Leidel, Van Nostritz, Sorst, Meiser, Bark- 
wood, Eckel, Gullman, who are hereby organized into a regiment 
numbered No. 30, and an election of officers ordered to be held 
thereon. 

On motion of the Attorney General it was 

Resolved, That the comwanies commanded by J. J. S. Hasser, 
Leopold C. Newman, Alepis Raszenski, M. 0. McGany, August 
Heip, Henry Witthack, Edmund Johnson, Israel G. Atwood, 
Alexis W. Smith, David Lamb, formed into a regiment by order 
of Brigadier General Yates, be numbered No. 31, that the servi- 
ces of Calvin E. Pratt as colonel, Wm. H. Burnes as lieutenant 



No. 15.J 117 

colonel, and Addison Dougherty as major, be accepted, and their 
election confirmed. 

The Adjutant General submitted the application of the follow- 
ing companies, inspected within the second quota, waiting the 
action of the Board : 

Captain Gideon H. Jenkins, Wyoming county, 85 men, 

Captain L. L. Doolittle, ? ^ r> • + oo v. ^, 

.^ , f T^ J 1 1 / Crown 1 oint, 82 men, 

m place oi Easterbrooks, ) 

Captain Edgar Spalsburg, Jefferson county, 11 men. 

Which, on motion of the Attorney General, were accepted. 

On motion of the Treasurer, the Board adjourned until 10 

o'clock to morrow. 



May 22, 1861. 

The Board met at the Executive Chamber, at 10 o'clock, A.M. 

Present — the Governor, Lieutenant Governor, Secretary of 
State, Treasurer, State Engineer and Surveyor, Attorney Gene- 
ral, and Comptroller. 

Minutes of the previous meeting were read and approved. 

The Governor reported, that in compliance with a resolution 
of the Board, he had had an abstract of the bids opened yester- 
day and day before prepared, and that the samples submitted 
were now being marked. Also that he had informed the United 
States Government that it could have the bullet machine pur- 
chased of M. Parmenter. 

On motion of the Treasurer, it was unanimously 

Resolved, That the bill of the corporation of the city of Buffalo, 
for the uniforms purchased by this State of said corporation, 
amounting to $15,12*7.75, upon being audited and found correct, 
be paid, and that said uniforms be delivered to the Buffalo regi- 
ment at Elmira, and that pairs of blankets accompanying said 
uniforms, be issued to each member of said regiment as a single 
blanket, the same being of an inferior quality. 
■ A communication from Wood, Willard & Prentice, was tabled 
by unanimoas consent. 

On motion of the Attorney General, it was 

Resolved, That the Governor be requested to have pre pared at 
once, and submitted to this Board, a statement showing all the 
accepted and unattached companies, with the number and date of 
application, and the place where such company now is, and also 



118 [Assembly 

the companies full and ready for inspection next following in 
order of application, to the number necessary to fill the remain- 
ing unorganized regiments. 

On motion of the Secretary of State it was 

Resolved, That the companies commanded by the following 
captains, to wit : James W. Burgess, Abram T. Whiting, Robert 
H. Hazeltine, Henry G. Bates, Henry Duprame, Walter Johnson, 
Wm. Edward Lathrop, Peter Duffy, Addison H. McCormick, 
Henry L. Hoetzle, be accepted, and that they be formed into a 
regiment numbered No, 6, and that the election of officers here- 
tofore held, viz., Wm. Wilson as colonel, John Creighton as lieu- 
tenant colonel, and Wm. Newtz as major, be confirmed and their 
services accepted. 

The Adjutant General submitted applications of the following 
companies inspected, which will doubtless come within the second 
quota, by the dropping or withdrawal of companies previously 
counted as within the second quota and first quota. 

No, 387, captain Davis J. Rich, Champlain, Clinton county, 79 
men. 

No. 390, captain William H. King, Hammondsport, Steuben 
county, 78 men, 
which, on motion of the Secretary of State, were accepted. 

Communication of Thomas Smith, was laid on the table. 

Communication of Washington volunteers also tabled. 

On motion of the Attorney General the Board took a recess 
until 3^ o'clock, P. M. 

3-40 P. M. 

Present as before. 

General Vail and Mr. Saxe made a statement in reply to 
which the Comptroller moved that the bill of Saxe & Avery for 
$306.86, for boards, &c., furnished at the barracks at the Bull's 
Head, Troy, be referred to Brigadier General Rathbone, com- 
manding Albany depot of volunteers, with request that he report 
to this Board the facts of the case. 

On motion of the Attorney General it was 

Resolved, That captain Chalmer's company be, at his request, 
detached from the I7th regiment, and that captain Gideon Jen- 
kins' company, at his request, be attached to said regiment, and 
directed to report at the head-quarters of said regiment in New 
York. 

A communication from colonel Edward Frisby of the 30th re- 



No. 15.] 119 

giraent, wa? submitted, which, on motion of the Comptroller, 
was laid on the table. 

The Attorney General offered the following which was adopted : 

Resolved, That the companies commanded by captains William 
Chalmers, Russell Myers, Charles Hobbs, Jerome Rowe, Barry I. 
Hays, Ros. A. Fish, James H. Butler, Elisha L. Young, John 
Whitlock, W. Howell Robinson, formed into a regiment by order 
of Brigadier General Yates, and in which an election has been 
held by his order, be recognized and numbered No. 32, and that 
the services of Roderick Matherson as colonel, Francis E. Pinto 
as lieutenant colonel, and George Frank Lemon as major, be ac- 
cepted and their election confirmed. 

The Adjutant General presented application of company com- 
manded by captain E. W. Peckham, which was inspected in the 
order issued to George Cottingham, which, on motion of the At- 
torney General, was tabled. 

The Governor was requested to correspond with J. F. Ames, 
of Chicopee, to ascertain at what time and at what price he can 
furnish non-commissioned officers swords and belts sufficient for 
the volunteer force of this State. 

On motion of the Treasurer, the Board took a recess until T 
o'clock, P. M. 

7-30 P. M. 

Present, as before. 

On motion of the Secretary of State, it was 

Resolved, That the companies commanded by Captains Catlin, 
Walter, Patrick, McGraw, Jno. F. Aiken, Thaddous Bodine, John 
R. Cutler, James M. Letts, Geo. M. Guion, Joseph W. Corning, 
W. B. Warford, James M. McNair, formed into a regiment by 
order of Brigadier General Van Valkenburgh, be confirmed as a 
regiment numbered No. 33, that the election of Robert F. Taylor 
as colonel, Calvin Walker as lieutenant colonel, and Robet J. 
Mann as major be confirmed, and their services accepted. 

It was moved that when the Board adjourn, it be until 9 A. M. 
to-morrow. 

On motion of the Attorney General it was 

Resolved, That the Governor and Comptroller be a committee 
to proceed to New York, and with full power to modify the con- 
tract with Schuyler, Hartley & Graham, in respect to the trans- 
portation of arms for Europe ; to make such arrangements as in 
their judgment will best secure their safe transmission, and that 



120 [Assembly 

they make no report of their proceedings until, in their opinion, 
eecrecy is no longer desirable. 

Adjourned until 9 o'clock, A. M., to-morrow. 



May 23, 1861. 

The Board met at the Executive Chamber at 9 o'clock A. M. 

Present — the Governor, Secretary of State, Comptroller, Trea- 
surer and State Engineer. 

The minutes of the previous meeting were read and approved. 

The Secretary of State moved that the Board proceed to the 
Senate Chamber to examine bids. 

On motion of the Treasurer it was 

Resolved, That the contract for overcoats, pants and jackets 
be given in equal proportions of each article to the following 
firms or persons : Devlin, Hudson & Co., Wm. Seligraan &" Co., A. 
& G. A. Arnoux, F. B. Baldwin, Charles Barnum and Palmer P. 
Kellogg, or to such of them as will enter into contracts with 
satisfactory sureties to make and deliver them when required 
within the time mentioned in the advertisement. To be made of 
army cloth of the regular army standard weight, according to 
the quality of samples furnished this Board by said, P. V. Kel- 
logg, of cloth made of pure fleece wool and indigo dye, at the 
price of eighteen dollars a set of overcoats, jackets and panta- 
loons, overcoat and pantaloons of similar color of said sample, 
and jacket of a deep blue color. 

On motion of the Comptroller it was 

Resolved, That the contract for furnishing socks be awarded, 
according to his bid, to Henry C. Southwick, of Albany, at the 
price of twenty-seven cents per pair, (27) to be furnished ac- 
cording to his sample in the possession of the Quartermaster 
General. 

On motion, the Board adjourned until 7-30 P. M. 

7-30 P. M. 
Present — the Governor, Secretary of State, Comptroller, State 
Engineer and Attorney General. 

On motion of the Lteutenant Governor it was 
, Resolved. That the companies commanded by A. Otto Bernstein 
and Chas. W. Wiegant be released and discharged from service 
in the volunteer militia of this State, said companies having, as 



No. 15.] 121 

the Board is informed, joined another military organization, and 
that the oflScers and privates composing said companies be re- 
quested to return all property received by them of the State au- 
thorities. 

The Governor submitted a communication from Lient. Strong, 
of the Waterviiet Arsenal, certifying that he had inspected, (for 
the State of New York) approved, and has now in working order, 
the bullet machine lately purchased from F. W. Parmenter of 
Troy. 

On motion of the Attorney General it w^as 

jtiesolved, That the companies commanded by the following 
captains, to wit : Capts. Corcoran, Lafiflin, Brown, Sponable, 
Beverly, Doolittle, Baldwin, King, Oswald and Rich be formed 
into a regiment, to be numbered No. 34, and that an order for 
the election of field ofiic^rs therein be issued. 

On motion of the Attorney General it was 

Resolved, That the election of field ofticers held in the 29th 
regiment, by order of this Board, be confirmed, and the services 
of Adolph Von Steinwehr, as colonel, Clemens Suest, as lieu- 
tenant colonel, and Louis Livingston, as major therein, be ac- 
cepted. 

On motion of the Lieutenant Governor the Board adjourned 
until 9 o'clock A. .M to-morrow. 



May 24th, 1861. 

The Board met at the Executive Chamber at 9 o'clock. 

Present — the Governor, Lieutenant Governor, Attorney Gene- 
ral, Comptroller, Treasurer and State Engineer, &c. 

The minutes of the previous meeting were read, and the Board 
proceeded to the Senate Chamber to finish awarding contracts. 

The Adjutant General presented application for company or- 
ganization of company No. 388, commanded by Wm. H. Baird, 
which, on motion of the Comptroller, was accepted. 

'The Board adjourned until 3| P. M. 

3 1 P. M. 

Present as before. 

The Adjutant General reported that the companies commanded 
by Captains Smith and Atwood desired to be transferred from 
Col. Pratt's regiment, and be associated with the several compa- 
nies who have designated Colonel C. H. Innes, also that the 



122 [Assembly 

companies commanded by Captains Rue and "Watts desire to be 
transferred to the regiment commanded by Colonel Pratt. 

On motion of the Attorney General, it was 

Resolved, That the companies commanded by Captains Atwood 
and Smith, reported by Brigadier General Yates, as having re- 
fused to report to Col. Pratt of the 31st regiment, be detached 
from said regiment, and that the companies commanded by Capts. 
Rue and Watts, be annexed to and form a part of the 31st regi- 
ment, on the report of the Adjutant General that they desire to 
be so attached, and ordered to report to the headquarters of the 
31st regiment. 

The Lieutenant Governor offered the following resolutions, 
which were unanimously adopted : 

Resolved, That the companies commanded by the following 
named captains, viz : Capts. Lacy, Lord, Potter, Mendall, Angle, 
FloAver, Spantsburg, Todd, Nutting, Elvvell, be organized into a 
regiment, to be numbered No. 35, and an election for field officers 
ordered to be held therein. 

Resolved, That the companies commanded by the following 
captains. Lord, Darwent, Daniels, McDonald, Bennett, Dupres, 
Howlett, Waddell, Hampson, Faxson, be organized into a regi- 
ment, to be numbered No. 36, and an election held for field offi- 
cers ordered to be held therein. 

Resolved, That the companies commanded by the following 
named captains, viz., O'Connor, Doran, Cavana, McHugh, Mur- 
phy, McGuin, Bush, Harmon, Glark and Peckham, be organized 
into a regiment, to be numbered No. 37, and an election for field 
officers ordered to be held therein. 

Resolved, That the companies commanded by the following 
named captains, viz., Gavit, McGrath, Allison, Tilden, Harold, 
McQuade, Brittain, Baird, De Witt and Dwyer, be organized into 
a regiment, to be numbered No. 38, and an election for field offi- 
cers ordered to be held therein. 

The Comptroller offered the following resolutions, which were 
unanimously adopted : 

Resolved, That the contract for furnishing shirts be awarded, 
according to their bid, to Pierce Brothers & Co., of Boston, at 
the price of one dollar and thirty-seven and one-half cents 
($1.37|) each; also that the furnishing of drawers be awarded 
to the same, according to their bid, at the price of one dollar 



No. 15.] 123 

and five cents ($1,05) each, afl to be furnished according to their 
sample in the possession of the Quartermaster General. 

Resolved, That the contract for furnishing blankets be awarded, 
according to their bid, to Cronin, Huxthal & Sears, of New York, 
at the price of two dollars and twelve and one half cents ($2.12^) 
each, for the whole, or such portion as may be from time to time 
required to be furnished, according to their sample in the posses- 
sion of the Quartermaster General. 

Resolved, That the contract for furnishing shoes be awarded, 
according to their bid, to Benedick, Hall & Co., of New York, at 
the price of one dollar and twenty-five cents ($1.25) per pair, to 
be furnished according to their sample in the possession of the 
Quartermaster General. 

Resolved, That the contract for furnishing caps with capes and 
covers thereto be awarded, according to their bid, to Murphy & 
Childs, New York, at the price of ninety-five cents {^^q) each, to 
be furnished according to their sample No. 4 in the possession of 
the Quartermaster General. 

On motion of the Treasurer, it was 

Resolved, That the parties to whom contracts have been 
awarded be notified to be present at the Quartermaster General's 
office at Albany, prepared with sureties to enter into contracts, 
on Tuesday the 28th inst., at 1 o'clock, P. M. 

On motion of the Lieutenant Governor, it was 

Resolved, That the company formerly commanded by Captain 
Spofi"ord, No. 358, be inspected, and authorized to hold an elec- 
tion for officers of said company. 

On motion, the Board took a recess until *7.30 P. M. 

1.30 P. M. 

Present as before. 

On motion of the Comptroller, it was 

Resolved, That the Quartermaster General be, and he is hereby 
directed to pay, on the certificate of the members respectively, 
the travelling and other expenses of each member of this Board 
while actually engaged in the busineos of the Board, and the 
board bills of the Lieutenant Governor, Attorney General, and 
State Engineer, they not being required by law to remain at 
the capital during the recess of the Legislature, and a per diem 
of three dollars to the Lieutenant Governor, he having no 
salary. 



124 [Assembly 

On motion of the Attorney General, it was 

Resolved^ That a member of this Board, to be designated by 
the Governor, be, and he hereby is requested to proceed to Wash- 
ington and present to the General Government the respectful 
claims of this Board, to have the proportionate number of general 
officers appointed or elected by the State authorities of this State 
to the force organized by this Board so that this State shall 
have her due position in rank with her sister States in the ratio 
of her troops in the field as compared to theirs. 

In accordance with the foregoing resolution the Governor de- 
signated Lieut. Governor Robert Campbell to carry it into effect. 

On motion of the Treasurer, the Board adjourned until 10 A. 
M., to-morrow. 



May 25, 1861. 

The Board met at the Executive Chamber at 10 o'clock. A. M. 

Present — The Governor, Attorney General, Treasurer, and 
State Engineer. 

The minutes of the previous meeting were read and approved. 

The Adjutant General presented the following documents, 
which had heretofore been presented. On motion, were laid on 
the table : 

Telegraph from Charles H. Innes. 

Telegraph from Capt. W. F. Clark. 

Telegraph from R. B. Van Valkenburgh. 

Telegraph from E. J. Faxon. 

Telegraph from Charles Yates. 

Telegraph from Col. H. S. Lansing. 

Telegraph from H. N. Martin. 

Telegraph from Wm. F. Clark, captain, Ellicottville company. 

Telegraph from Luke H. Hamer, captain, Allegany company. 

Telegraph from E. J. Frazer, captain, Buffalo. 

Letter from Charles Yates, Brig. General commanding depot. 

Petition of Capt. Barney. 

Letter of E. B. Van Valkenburgh. 

Letter from Wm. H. Elwood, 1st lieutenant. 

The Adjutant General presented a communication from Nancy 
Brocancate, opposing the enlistment of her son, Stephen A. Bal- 
lard, sixteen years old, one from Wm. Payne, relative to discharge 



No. 15.J 125 

of Wm. Anthony, and one from Jno. H. Wooster, applying for 
discharge of John and James Starting, aged nineteen and seven- 
teen respectively, enlisted in Capt. Butler's company, from Fair- 
field, all of which, on motion, directed to be referred to the 
colonel of the regiment in which the persons whose discharge is 
asked for are understood to be serving. 

On motion of the Attorney General, the Board adjourned until 
Tuesday, 28th inst., at 12 o'clock. 



May 28, 1861. 

The Board met at the Executive Chamber at 12 o'clock. 

Present — The Governor, Comptroller, Treasurer and State 
Engineer. 

The minutes of the previous meeting were read and approved. 

The Governor submitted a communication received from J. T. 
Ames, which is in the following words : 

To his Excellency, E. D. Morgan, 

Governor of State of JYeiv York: 

Sir — Your favor of the 23d is received. We are very much 
driven for non-commissioned officers swords, by reason of so many 
regiments being fitted out, but if v/e get your order and you will 
take them in lots of one hundred or small numbers, we will do 
the best in our power and can begin to deliver very soon. The 
regular goverment prices for sword $5.50, for belt and plate $1. 
Very respectfully, your obd't servant, 

JAS. T. AMES. 

On motion of the Comptroller it was 

Resolved, That the Governor be authorized to purchase from 
Jas. T. Ames, of Chicopee, as many non-commissioned officers and 
musicians swords and belts, on the terms named in the preceding 
letter, as may be necessary for the volunteer regiments. 

The Quarter-master-General stated that the contracts will be 
drawn and ready by 3 o'clock this afternoon, as directed by the 
Board, when the awards were made, and asked whether the 
Board would meet at the Senate Chamber or Executive Chamber 
at 3^ o'clock to hear the several contracts read, and approve the 
sureties before the contracts were executed. 

On motion the Board adjourned until 3| P. M. 



126 [Assembly 

3-30 P. M. 

Present — the Governor, Lieutenaut Governor, Comptroller, 
Treasurer, State Engineer. 

On motion of the Comptroller it was 

Resolved, That in making the contract with the parties who 
are to furnish the overcoats, jackets and pantaloons, they be re- 
quired to deliver one-eighth of the whole number at the end of 
one week, three-eighths at the end of the second week, one quar- 
ter at the end of the third week, and the remainder at the end 
of the fourth week, the time to begin at the date hereof. 

Resolved, That in making the contract with Pierce Brothers 
& Co. for furnishing shirts and drawers, the contract be made 
that the drawers be furnished according to another sample now 
in the possession of the Quartermaster General at the price of 
(90) ninety cents each, and that the shirts have an additional full 
pocket, and three thousand of each be furnished during the pre- 
sent week ending Saturday, June 1, and thereafter in equal por- 
tions weekly during the following three weeks. 

The Adjutant General presented return of an election for field 
officers of the 37th regiment N. Y. S. V. at which 
Jno. A. McCunn was chosen colonel, 
John Burke was chosen lieutenant colonel, 
Dennis C. Minton was elected major. 

On motion of the Comptroller the services of the above named 
field officers were accepted and the election confirmed. 

On motion of the Lieutenant Governor it was 

Resolved, That a committee to consist of two members of the 
Board be appointed by the chairman thereof, to investigate all 
matters connected with the contract made by this Board, with 
Brooks Brothers, of New York, for uniforms or clothing for the 
volunteer militia of this State, and particularly as to the manner 
in which said contract is being performed, as to the quality of 
the articles delivered under the same and that said committee 
have power to send for persons and papers and examine wit- 
nesses, under oath, in relation to said contract and its execution. 

On motion of the Comptroller the Board adjourned until 11 
A. M., to-morrow. 



May 29, 1861. 
The Board met at the Executive Chamber at 11 o'clock A. M. 



No. 15.] 127 

Present — the Governor, Lieutenant Governor, Comptroller, 
Treasurer, State Engineer, &c. 

Minutes of the previous meeting were read and approved. 

The Governor presented a communication from Strong Brothers 
& Co., one from Wm. Seligman & Co., and one from Jackson S. 
Shultz, and Edmund M. Young, which were read, and on motion 
laid on the table. 

On motion of the Lieutenant Governor, it was unanimously 

Resolved, That the form of bonds and contracts drawn by Mr. 
Jenkins and presented by Quartermaster General to this Board, 
relating to clothing, shoes, socks, shirts and drawers, blankets 
and caps be approved. 

The Governor appointed Lieutenant Governor Campbell and 
State Engineer Richmond, a committee to carry out the resolu- 
tion passed yesterday, in relation to the contract with Brooks 
Brothers. 

A committee consisting of Hon. Thomas Hillhouse, Hon. 
Lucius Robinson, General Richardson, Judge Thurston and Major 
Gregg, presented communications from the 23d, 24th, 33d and 
Jefferson county regiments New York State volunteers, which 
were on motion ordered on file. 

On motion of the Lieutenant Governor, it was 

Resolved, That Judge Ariel S. Thurston be appointed to pro- 
ceed to Boston to inspect 3,000 shirts and drawers contracted for 
by Pierce Brothers & Co., to be delivered this week, which are 
to be sent to Elmira at expense and risk of contractors. 

On motion of the Treasurer, it was unanimously 

Resolved, That General Rathbane be authorized to hire the 
land of Mr. Haswell, containing from 35 to 40 acres, at $600, 
from now until November, and to construct a suitable kitchen for 
cooking, and that two regiments be sent there and placed under 
canvas without delay. 

On motion of the Comptroller, it was 

Resolved, That the sum of nine thousand and seven hundred 
dollars be, and the same is hereby appropriated to pay the cost 
of the uniform and equipments procured by Col. Hawkins for the 
non-commissioned officers, musicians and privates of his regiment, 
and that said amount be paid to the persons to whom Col. Haw- 
kins is indebted for said uniforms and equipments, upon their 
producing vouchers showing the cost of said uniforms, properly 
verified, and that when said payment has been made that said 



123 [Assembly 

uniforms and equipments be regarded as transferred to the 
State. 

Also, 

Resolved, That the sum of five thousand and nine hundred and 
twent}^ dollars be, and the same is hereby appropriated to defray 
the expense of procuring Zouave uniforms for Col. McChesney's 
regiment, and that said amount be paid to the persons furnishing 
said uniforms, upon proper vouchers of the cost of same being 
produced and verified, and that upon payment of said sum the 
said uniforms be taken and regarded as the property of the State. 

On motion of the Lieutenant Governor, it was 

Rcsoived, That Hon. P. Dorsheimer be appointed a committee 
to proceed to New York and inspect the 5,000 socks to be received 
this week under the contract made with Henry C. Southwick. 

Adjourned until 11 o'clock, A. M., to-morrow. 



May 30, 1861. 

The Board met at the Executive Chamber, at 11.30 A, M. 

Present — the Governor, Lieutenant Governor, Comptroller and 
State Engineer. 

The minutes of the previous meeting were read and approved. 

A communication from Brig. Gen. Rathbone in relation to 
barracks at Camp Brintnall, which on motion, was laid on the 
table. 

On motion of the Governor, it was 

Resolved, That satisfactory evidence having been furnished 
this Board that Captain Boynton's company, in regiment No. 22, 
contains at the present time less than 32 privates, and that other 
companies in said regiment do not contain the number of privates 
required by the rules of this Board, it is therefore ordered, that 
the said company commanded by Capt. Boynton be, and the same 
is hereby disbanded, the election of ofiicers for said company 
vacated, and that the privates in said company be consolidated 
with and attached to the other companies of said regiment not 
full. 

The Adjutant General presented return of an election for field 
ofiicers of the 38th regiment N. Y. S. V. held on the 28th inst., 
at which 

J. H. Hobart Ward was chosen colonel, 

Addison Farnsworth was chosen lieutenant colonel, 

James D. Potter was chosen major. 



No. 15.] 129 

and on motion of the Comptroller, the services of the above- 
named field officers were accepted and the election confirmed. 

Also, returns of an election for field officers of the 34th regi- 
ment New York State volunteers, held on the 29th inst., at which 
Wm. LaDue was chosen colonel ; James A. Suiter, lieutenant col- 
onel ; Byron Laflin, major. On motion of the Comptroller, the 
services of the above named field officers were accepted and the 
election confirmed. 

Also, returns of an election for captain of the 1st regiment, 
Colonel Wm. H. Allen's, at which J. F. Pierson was elected to 
fill vacancy, and on motion, his services were accepted and the 
election confirmed. 

The Adjutant General presented a communication from Geo. 
Cottingham (on file), in reply to which, the following resolution 
was on motion of the Lieutenant Governor adopted. 

Resolved, That there bs paid by the Paymaster General to 
Captain George Cottingham the sum of $150, in full payment for 
his services as captain of a company of the volunteer militia of 
this State, and of other claims against the State, and that said 
Captain Geo. Cottingham be honorably discharged from service. 

On motion of the Lieutenant Governor, it was 

Resolved, That the Governor be and he hereby is authorized 
to order of Smith Bros. & Co., 1,000 uniform overcoats at $9 per 
coat, and 1,000 suits, overcoats, jackets and pants, at $18 per 
suit, to be equal as to color, quality of goods, style and manufac- 
ture, and in all other respects to those to be furnished by the 
parties to whom contracts were awarded on the 23d instant. 

On motion of the Lieutenant Governor, the Board adjourned 
until 1 P. M., Monday. 



June 3, 1861. 

The Board met at the Executive Chamber at 1 o'clock P. M. 

Present — the Governor, Comptroller, Attorney General and 
Treasurer. 

The minutes of the previous meeting were read and approved. 

On motion of the Comptroller, the communication of Mr. Mar- 
tindale, which was presented on Friday, and which has been read 
to the Board this morning, a copy of which was forwarded by 
him to Governor Campbell, who is now at Washington, was 

[Assem. No. 15. j 9 



130 [Assembly 

ordered entered at length on the minutes of the Board, and is in 
the words following : 

To His Excellency Edwin D. Morgan, 

Governor of the State of JVew York. 

Public attention in western New York has seen arrested by the 
extraordinary collision between the General and State Govern- 
ments on the important subject of the appointment of officers for 
our militia, which we have aided to organize for service in the 
impending struggle for Constitutional Liberty. 

The heart, mind and soul of our people have been concentrated 
in an outburst of patriotic emotion and action to sustain the 
government of the United States. It is important that we should 
not be misled into the commission of an irreparable wrong to the 
cause we are all so anxious and eager to sustain. 

In a moment of imminent peril, when the forms of law were 
consuming time in which it was needful to provide on the instant 
for the preservation of the government itself, those forms might 
well be omitted. To follow them might have been the circuitous 
and therefore the certain path to destruction. 

Again, those processes of law, ordained for the preservation of 
personal liberty, like the writ of habeas corpus, may well be and 
must be suspended, when higher and paramount principles on 
which the whole fabric of constitutional government reposes, de- 
mand the suspension. 

We, therefore, can share the general amazement and scorn, 
excited by the servile attempt to exalt the authority of a single 
judge, through the process of the habeas corpus, so as to paralyze 
the military arm of government, when raised to suppress an in- 
surrection of unparalleled atrocity and danger. We are pre- 
pared to concede and maintain that forms of law shall neither be 
followed nor regarded, when employed as the means of overthrow- 
ing the Constitution itself. 

But, on the other hand, unnecessary, inconsiderate and dan- 
gerous violations of the Constitution of the country in a vital 
point, ought not to be tolerated even by that excited and self- 
sacrificing patriotism which in this crisis is ready to endure and 
forgive much. 

The President of the United States has called on the several 
States for the militia, to suppress the insurrection now led by 



No. 15.] 131 

ambitious traitors, and to execute the laws of the Union, which 
those traitors have violated, and trampled under foot. 

In this he has obeyed the laws of Congress, framed under a 
specific grant of power in the Constitution, but the same section 
of the Constitution which confers this power also provides in the 
consecutive sub-divisions that Congress shall have power " to 
provide for organizing, arming, and disciplining the militia, and 
for governing such part of them as may be employed in the serv- 
ice of the United States, reserving to the States respectively, 
the appointment of the officers, and the authority to train the 
militia according to the discipline prescribed by Congress." 
What public exigency demands, that this reserved power " to 
make the appointments of officers," should be disregarded in re- 
spect to the general officers, while it is obeyed in the selection of 
regimental and company officers. 

There was a deep and prophetic jealousy of military power, 
which was embodied in these provisions of the Constitution ; 
The military arm was subjected to the permanent direction and 
government of the National authority, but the right arm whoso 
million sinews are strong in the militia alone, was guarded by 
rooting it in the local pride and spirit and subordinate sove- 
reignty of the States. 

What is gained to New York, and western New York especi- 
ally, by withholding from our organized regiments of militia, 
general officers of their own or the States appointment, why 
should they be deprived of the supervision, discriminating care 
and influence which belongs to those higher positions. 

In the single instance in which an officer has been commia- 
sioned in this State as a Brigadier General without cooperation 
of the State Government, has the selection been such as to fur- 
nish us any assurance that this unconstitutional and usurped 
authority will be discreetly wielded ? 

Is Western New York so destitute of military ability that it is 
needful to violate the Constitution to compensate for her weak- 
ness ? 

Is State pride, district pride, local pride, so useless an element 
in military character that it may be disregarded and insulted, 
and that too, by an inconsiderate violation of law which bears 
the appearance of an attempt to retain in the hands of the Na- 
tional administration, the distribution of commissions for general 
command, like so much patronage which has long been appropria- 



132 [Assembly 

ted in the distribution of civil offices by snccessful parties, as 
the perquisites of victory, the "spoiis of war." 

To-day regiments are assembled at the depot in Elmira, not 
mustered into the service of the United States, doubting whether 
they will be so mustered at all, while expectant oflScers are sound- 
ing the drum-beat in our streets for recruits to a single brigade 
in the city of New York, which seems to have received a roaming 
commission to organize an independent force in utter disregard, 
not to say contempt, of the executive authorities of the State. 

It is a great mistake to suppose that this course of adminis- 
tration will be overlooked or forgotten. These regiments, or- 
ganized under a law for arming 30,000 volunteer militia, and 
appropriating $3,000,000 for the purpose, are entitled to prece- 
dence in this conflict before any other bodies of men who may 
have been put forward by local committees, or aspiring and pre- 
sumptuous individuals, acting without the sanction or supervision 
of the State, 

It will not do to confound the provisions of the Constitution, 
which gives Congress power " to raise and support armies," with 
those other provisions which provide for calling out, organizing 
and governing the State militia under which Congress has passed 
an existing law, and under which the Presideyit has made his re- 
quisition for military ; confusion and disorder will inevitably 
ensue from the unconstitutional experiment which has been 
inaugurated, to divide between the National and State Govern- 
ments the appointment of the officers, conceding to the States 
the appointment of regimental and company officers, and retain- 
ing in the National Government the appointment of general offi- 
cers. Acceptance of regiments from the States thus commanded, 
explodes the idea that they are not militia. Practically it would 
be impossible to organize them without conceding to the States 
the appointment of the subordinate officers. 

The spirit of our agricultural, mechanical, and commercial 
population, warlike, impulsive, and patriotic as it is, would revolt 
at the idea of surrendering the appointment of those officers to 
the General Government. 

But when these regiments of State militia are thus organized, 
commanded by officers whose commissions proceed from the 
States, they cannot be transformed into a standing army dissoci- 
ated from their respective States, by calling them volunteers. 
Neither will it do to say that the President has only taken the 



No. 15.] 133 

responsibility of a series of acts without authoi-ity of law, trust- 
ing for his justification to the public exigencies and peril, and to 
the sanction of Congress, by public laws, when it shall assemble 
in July. There was no need for taking such responsibility, be- 
cause the existing laws authorizing the President's call for State 
militia, were complete and adequate to the exigency, and having 
invoked the State authorities, in their sovereign capacity as 
States for aid, and having received from the States bodies of men 
which have been enrolled as militia, there can be no good reason, 
as there certainly is no power in Congress to retain them in any 
other character. What else than militia could the National Gov- 
ernment summons from the States ? What else had the States to 
enrol and send forward, in response to the summons ? The 
whole spirit of the Constitution is against this experiment to 
divide commissions, prerogatives, and responsibilities. This is 
not a foreign war, like the war against Mexico ; but it is the very 
case specified in the Constitution, a case of insurrection, and 
resistance to the execution of the laws of the Union, in which 
the State militia is named as the power to be invoked and em- 
ployed. If the New York militia has been summoned to the 
field to aid in suppressing the existing insurrection ; if that mili- 
tia, clothed and armed at the expense of the State, and mustered 
into the service of the United States, is to remain just what it 
was created to be, then there is no power in Congress to confer 
on the President the prerogative of appointing its officers. 

An example of fearful import may grow out of this mode of 
appointment if it should be now persisted in. Who can fail to 
perceive that it is a wide departure from the jealous fear of mili- 
tary power and despotism breathed into the Constitution by its 
framers ? Why was it specified in that sacred instrument that 
the militia, though armed, organized, disciplined and governed 
by the United States when mustered into its service, should be 
commanded by officers appointed by the respective States ? 

This was the great safeguard in times of fervid patriotism and 
excitement like the present against the abuse of that patriotism 
by a concentration of military honors for ambitious purposes, 
which might easily become subversive of liberty. 

In the creation of a standing army, let the Government open 
its recruiting stations and accept its volunteers, but let us never 
sanction the attempt, now inconsiderately made, to appropriate 



134 [Assembly 

and absorb for such a purpose the power of the State over its 
own militia. 

We call on the Executive Council of this State, to persevere in 
a firm and respectful maintenance of its rightful authority over 
its militia, and on our members of Congress to unite in holding 
the National Administration to a strict conformity, in this re- 
gard, to the letter and spirit of the Constitution. 

(Signed) 

M. B. ANDERSON, 
H. HUMPHREY, 
0. W. BENEDICT. 
May SOik, 1861. 
On motion, the Board adjourned to 7 o'clock, this P. M. 

7 P. M. 

Present as before, 

On motion of the Attorney General, it was 

Resolved, That the contract executed by Charles Barnum, bear- 
ing date the 27th ult., for the manufacture and delivery of the 
articles at the times, and upon the terms and conditions therein 
specified, be accepted, and that payment therefor shall be made 
upon performance by said Barnum. 

A resolution similar to the above, was adopted, confirming 
contract with each of the following named parties : 

Devlin, Hudson & Co., A. & G. A. Arnoux, William Seligman, 
Palmer V. Kellogg, F. B. Baldwin, Pierce Brothers & Co., shirts 
and draAvers; Cronin, Huxtlial & Sears, blankets; Henry C. 
Southwick, socks ; Murphy & Childs, caps; Benedict, Hall & Co., 
ehoes. 

The Adjutant General presented return of Brigadier General 
R. B. Van Valkenburgh, commanding Elmira depot, of an election 
held on May 31st, for field officers of the 35th regiment New 
York State volunteers, at which William C. Brown was chosen 
colonel ; Stephen L. Potter lieutenant colonel ; Newton B. Lord 
major. 

On motion of the Comptroller, the services of the above named 
field officers were accepted and the election confirmed. 
On motion of the Attorney General, it was 
Resolved, That the Governor be, and he is hereby authorized 
and requested to contract for and purchase sixteen thousand can- 
teens for the use of the volunteer militia, and to be held and 
issued exclusively to and for that force or the uniformed militia 



No. 15.] 135 

actually called, or hereafter called, into the service of the United 
States. 

On motion of the Attorney General it was 

Resolved, That it be referred to Brigadier General Yates forth- 
with to report to this Board his proceedings and services of 
notices of election for field officers in 36th regiment. 

On motion of the Treasurer, the Board adjourned until 11 A. 
M. to-morrow. 



June 4, 1861. 

The Board met at the Executive Chamber at 11 A. M. 

Present — the Governor, Comptroller, Treasurer and Attorney 
General. 

The minutes of the previous meeting were read and approved. 

The Attorney General offered the following preamble and reso- 
lution, which were adopted : 

W/iereas, the act of April 16th, 1861, provided for the pay- 
ment of volunteers through regimental paymasters, and the 
Board, by resolution of May 15th, provided for the appointment 
of such paymasters, but also provided that the duties, pay and 
functions of such paymasters be suspended while their respective 
regiments shall be in the service of the United States : And, 

Whereas, many of the regiments have been and will be mus- 
tered into the service of the United States before paymasters 
are appointed, but can only be paid for the term of service before 
such muster through said paymasters, whose functions would, by 
said resolution, be suspended ; therefore 

Resolved, That regimental paymasters are authorized, after the 
muster of their respective regiments into the service of the 
United States, to perform all such duties as may be necessary to 
settle and pay their respective regiments for all service performed 
before said muster into the United States service, and shall be 
paid therefor not less than one month's pay for such service, and 
such further sum for travelling expenses as allowed to paymas- 
ters in the army of the United States for like service, in accord- 
ance to the army regulation. 

On motion of the Comptroller it was 

Resolved, That the bill of Schuyler, Hartley and Graham for 
$13,472.50 for arms be paid. 

The Governor reported that in compliance with a resolution 
of the Board he had contracted with J. F. Ames for 1,000 non- 
commissioned officers swords. 



136 [Assembly 

On motion of the Attorney General it was 

Resolved, That as often as quantities of the supplies recently 
contracted for are ready for inspection, this Board will detach 
one or more of its members to inspect and receive said articles, 
and said committee of inspection are authorized to employ 
experts and laborers to assist them and shall report in writing to 
this Board the result of each inspection. 

On motion of the Attorney General it was 

Resolved, That Captain Atwood be directed to report to Colo- 
nel Phelps, Comptroller. 

Resolved, That Captain Smith be ordered to report to Colonel 
Brown to fill that regiment. 

On motion of the Attorney General it was 

Resolved, That the contract with E. Remington and Sons, is so 
far modified that the stud shall be brazed instead of soldered to 
the barrel, for which they are to be paid for each rifle five cents 
additional and that the contract with E. Remington and Sons 
with the above alteration be approved and accepted. 

On motion it was 

Resolved, That the Comptroller, Treasurer and Attorney Gen- 
eral be a committee to proceed to New York to inspect such arti- 
cles that have been contracted for as are now ready for delivery. 

On motion of the Attorney General the Board adjourned until 
Thursday at 1 o'clock. 



June 6, 1861. 
The Governor being the only member present adjourned the 
Board until 1 P. M., to-morrow. 



June 7, 1861. 

The Board met at the Executive Chamber on the 7 th inst., at 
J o'clock, P. M. 

Present — the Governor, Lieutenant Governor, Treasurer and 
Attorney General. 

The minutes of the previous meeting were read and approved. 

The Lieutenant Governor reported that in discharge of the 
duties conferred on him, he proceeded to Washington on Satur- 
day last, that he waited upon the Secretary of War and that the 
result of his interview with him was unsatisfactory, that he also 
had an interview with the President. Before leaving Washing- 
ton the Lieutenant Governor addressed a communication to tho 



No. 15.] 137 

Secretary of War, which was ordered entered at length on the 
minutes of this Board, and is in the following words : 

Washington, D. C, June 4, 1861. 
Hon. S. Cameron, Secretary of War — 

I deem it important to place before you as a matter of public 
record, the resolution of the Board of State officers of the State 
of New York, under which I was deputed to wait upon you and 
have the interview which yesterday took place between us. 

At the same time, I leave with you a copy of the act of the 
Legislature of New York, under which the Board of State officers 
has acted in the organization of a force of State militia, to be 
placed at the disposal of the government of the United States, to 
aid in suppressing the present formidable insurrection. 

A copy of a memorial addressed to the Governor of the State 
of New York, which embodies, in argumentative form what is 
deemed to be the right of the State of New York to appoint its 
general officers, is also herewith transmitted. 

The contents of these papers were substantially repeated in the 
conversation with you yesterday. 

You announced to me, in that interview had with you, the 
irrevocable determination of the government of the United States 
to appoint the general officers for the forces furnished by the 
government of New York, and to refuse to receive those forces in 
the event that such determination should not be acceded to. 

I deem it my duty, respectfully but firmly, to protest against 
this determination. It imposes on the Board of State officers, 
unless they submit to it, the necessity of violating the laws and 
Constitution of the State of New York, which have been framed 
in conformity to the Constitution of the United States. It dis- 
honors and destroys the distinctive character of the militia of 
the State, which is adapted to the habits and endeared to the 
minds of the people. 

It does not agree with the written arrangement which was 
heretofore made with you by the Attorney General of the State, 
acting in behalf of the Board of State officers, and) in pursuance 
of which written arrangement they have organized thirty-eight 
regiments of volunteer militia. 

To the undersigned it seems to be an unnecessary and invidious 
determination, which, while it may command a temporary acqui- 
escence under the pressure of the great danger impending over 



138 [Assembly 

the eountry, will be deliberately revoked when the present exi- 
gency shall have been passed, so that it may be safely and cir- 
cumspectly considered. 

It only remains for the undersigned to report to the Board of 
State officers of New York the determination which you have 
emphatically expressed, in order that they may take such action 
as in their judgment the occasion requires. 
Yours, &c., 

ROBERT CAMPBELL, 
Lieut. Governor of JVeio York. 

On motion of the Attorney General, it was 

Resolved, That the report of the Lieut. Governor of the result 
of his negotiation with the Secretary of War, be accepted, and 
that the thanks of this Board be tendered to the Lieut. Governor 
for the firmness and fidelity with which he has discharged his 
duties. 

The Governor read a communication received from the Secre- 
tary of War, which, on motion, was ordered entered at length on 
the minutes, and is in the following language : 

War Department, ) 

Washington, June 3. 1861. ) 

Gov. E. D. Morgan, Albany, JVew York : 

My Dear Sir — Yours of the 28th ult. has been received by this 
department, announcing that you had appointed John A. Dix and 
James S. Wadsworth as Major Generals in command of the vol- 
unteers from the State of New York. By general order No. 15, 
which I enclose you, it will be perceived that the President has 
reserved to himself the appointments referred to, and in order, 
therefore, to entitle these gentlemen to command it would be 
essential that they should be appointed by the President and be 
confirmed by the Senate. 

The high character and eminent abilities of the gentlemen as- 
signed by you to these positions is fully known to and appre- 
ciated by this department, and I am sure it would have afforded 
me great pleasure if in the organization of the forces they could 
have been assigned to the positions for which you designate them, 
and for which I doubt not they are fully qualified. Yet to have 
Buspended the order in this case would have required the Presi- 



No. 15.] 139 

dent to surrender the appointment to the State authorities in 
nearly or quite every other case. 

I am, very respectfully, yours, &c., 

SIMON CAMERON, 

Secretary of War. 

The Governor presented a communication from E. Remington 
& Sons, which was read and ordered on file. 

The Treasurer submitted a communication, signed by C. 
Shurzchn, which, on motion, was ordered on file. 

On motion of the Attorney General it was 

Resolved, That a new election for field officers be ordered in 
the 36th regiment, and that his Excellency, the Governor, be re- 
quested to prescribe the length of notice and manner of service 
thereof on the company officers of said regiment. 

On motion of the Lieutenant Governor it was 

Resolved, That Capt. Atwood's company be detached from the 
22d regiment, and that Capt. Munroe's company, reported by the 
Adjutant General as full, be accepted and attached to the said 
22d regiment. 

On motion of the Lieutenant Governor it was 

Resolved, That his Excellency Gov. Morgan and Attorney Gene- 
ral Myers (members of this Board) be requested to proceed to 
Washington and communicate to the United States Govern- 
ment the determination of this Board that they shall insist 
on the right of the State authorities to elect and appoint all 
officers required for the organization of the volunteer militia of 
this State, organized under the act of 16th April, 1861, in con- 
formity to the provisions of the Constitution of the United States 
and of the State of New York, and to have such further confe- 
rence in their discretion with the United States Government as 
the determination of the Board has made necessary. 

On motion of the Attorney General it was 

Resolved, That the purchase of blankets, made by his Excel- 
lency the Governor, from Cronin, Huxthall & Sears, be paid on 
the certificate of the Governor. 

On motion of the Lieutenant Governor the Board adjourned to 
meet on the call of the Governor. 



June 14, 1861. 
The Board met at the Executive Chamber, pursuant to the 
following call of the Governor : 



140 fAsSEMBL 

STATE OP NEW YORK: 

Executive Department, ) 

Albany, June 14, 186i. ) 
Sir — You are requested to attend a meeting of the Board of 
officers named in the act entitled "An act to authorize the em- 
bodying and equipment of a volunteer militia, and provide for 
the public defence," passed the 16th day of April, 1861, at the 
Executive Chamber, on Friday, 14th inst., at 12 o'clock. 

I am, respectfully, &c., 

E. D. MORGAN. 

Present — the Governor, Comptroller, Treasurer and Attorney 
General. 

The minutes of the previous meeting were read and approved. 

The Governor, from the committee of this Board, consisting 
of himself and the Attorney General, appointed to proceed to 
Washington, for the purpose of communicating to the United 
States Government its determination to insist on the constitu- 
tional rights of the State authorities to elect and appoint all offi- 
cers of the volunteer militia of this State, organized under the 
act of April Ibth, report : 

That the committee reached Washington on the evening of 
Tuesday, the 11th instant, and called respectively at the resi- 
dences of the Secretary of State, of War, and of the President, 
on the evening of their arrival ; that they had an interview with 
the President and Secretary of State, and freely discussed the 
subject of their visit. They did not find the Secretary of War 
until next morning, when they urged upon the attention of the 
President and the heads of the War and State Departments, the 
justice and propriety of the views entertained by the Board. 
They received, however, no positive assurance that the object of 
their interview would be granted, particularly as regarded general 
officers, but that great respect would, in any event, be paid to 
the acts of the Legislature and the views of this Board. 

The committee did not in terms demand that the appointment 
of officers to command our forces should be made according to 
the law of April 16, or to assume the position that unless so 
made our troops should not be sent forward to the aid of the 
General Government in putting down rebellion. They chose 
rather to insist upon a recognition of the general officers already 
appointed by the Governor, on the ground of the manifest justice 
to the State of New York, and especially to the troops sh<j has 



No. 15.] 141 

sent and is sending into the field, feeling as they did, that under 
the command of these and other officers of like prudence and 
ability, there could be no reasonable danger of a repetition of 
the unfortunate blunders attending the recent attack upon Great 
Bethel. 

The resolutions of the Board required nothing further from 
the committee, but the favorableness of the opportunity induced 
the presentation of other unsettled questions, which were seri- 
ously embarrassing the actions of the State authorities. In this 
connection the Governor stated — 

That ten regimental organizations had been perfected at El- 
mira, the troops composing them enrolled, and the Adjutant 
General of the State had ordered their muster for two years into 
the service of the United States. Their mustering officer at that 
rendezvous, however, would muster but five of these and those 
only for three months, the remaining five he refused to swear in 
unless they would volunteer for three years. He then left the 
State, whereupon the Governor directed Capt. Sitgreaves, U. S. 
enrolling officer at Albany, to proceed to Elmira, and there mus- 
ter into the service of the general government the regiments re- 
maining there, as will be seen from the following paragraph from 
his letter of request of June 1st.: "Capt. Elliott having left the 
State after mustering several regiments for three months, and 
omitting others, although four or five more were organized, in 
readiness and desired to enter the service for two years, I have 
to request that you muster into the service of the United States 
for two years every regiment not heretofore mustered." 

On his return Capt. Sitgreaves reported as follows, in regard 
to this subject: "Sir, I have the honor to report that in compli- 
ance with the request contained in your letter of the 1st inst., I 
proceeded to Elmira for the purpose of mustering into the service 
of the United States the volunteer regiments assembled there, 
but finding on my arrival that there were two officers there spe- 
cially detailed by the War Department for that service, I deemed 
it manifestly improper for me to interfere with their duties." 

The mustering officers, referred to by Capt. Sitgreaves, had 
positive orders from the War department to muster no troops 
for less than three years. 

The Secretary of War appreciating the embarrassments, delay 
and expense occasioned by recent orders from his department, 
directly in conflict with an agreement previoutly entered into 



142 [Assembly 

between him and Attorney General Myers on behalf of the State, 
on the 3d, and confirmed by this Board on the 7th of May, desired 
to know what was really required, when the Governor read him 
the following memorandum : 

" An order from the Secretary of War to muster into the 
United States service, for two years, all regiments or companies 
which have been enrolled into the State service for two years. 
This to include all not yet mustered. And all of the above that 
have been mustered for three months. The dates to be that on 
which the regiments were ready, and ordered to be mustered by 
the Adjutant General of New York. 

"There remains twenty-two regiments of two-years men which 
can be sent forward at the rate of about one regiment daily, com- 
mencing three days after my return ; of course these are volun- 
teers, and require instruction to fit them properly for active ser- 
vice in the field. When these shall have been sent. New York 
will have 53 regiments in the field, exclusive of three yet to be 
sent by the Union Defence Committee, and exclusive of the Sick- 
les or Bartlet's brigade, Brooklyn Phalanx, Fire Zouaves, Ander- 
son's Zouaves, or any other. Is it too much to ask that two 
Major Generals of our State, already appointed, should be ac- 
cepted by the United States, and from the date of their appoint- 
ments respectively, to command this large force? Should not the 
authorities of New York form the regiments into brigades, and 
allow the choice of brigadier generals, according to the Constitu- 
tion and Laws of the State of New York. Resolution of our 
Board upon this subject. I think there need be no apprehension 
of Keys, Kearney, Martindale and Peck ; these are the candidates 
likely to be chosen. An order from the Secretary of War to the 
Paymaster to pay from the day they embodied or quit their avo- 
cations, the three months' men, and to supply them with what 
may be required." 

After the reading of this paper, the Secretary of War, through 
his private secretary, addressed two communications to Col. Wm. 
B. Franklin, who had been dispatched to New York for the pur- 
pose of aiding the General Government in receiving our troops, 
of which the following are copies : 



No. 15.] 143 

" War Ddpartment, June 12, 1861. 
" Col. W. B. Franklin : 

" Sir — You will muster into service, for two years, all the 
regiments or companies which have been enrolled into the State 
ssrvice by the Governor of New York, the number so mustered 
not to exceed twenty-two regiments. 

" This order is issued with the understanding with Governor 
Morgan that the regiments mustered, and to be mustered, shall 
commence moving forward to the command of Major General 
Patterson within three days from this date, and that about one 
regiment daily thereafter shall so move until all are forwarded. 
If this understanding be interfered with by the want of arms to 
supply the regiments, when otherwise ready to move, you are 
authorized to make a requisition upon the ' Superintendent of 
the Springfield Armory ' to supply the deficiency. 

" P. S. This order is to form no precedent to be followed in 
other instances, but is solely intended to expedite the march of 
troops into the field which had already been accepted, 

" (Signed,) SIMON CAMERON, 

" Secretary of War." 

War Department, June 12, 1861. 
"Col. W. B. Franklin: 

" Dear Sir — As the order of the Secretary of War omits to state 
from what time the New York regiments are to be mustered into 
the service, and as the Secretary of War is not now here to give 
his signature to such amendment to his order, I deem it due to 
state that in the conversation between Governor Morgan and the 
Secretary, the latter expressed his willingness that the troops 
should be mustered from the time they were ready, and ordered 
to be mustered by the Adjutant General of New York. 

" Respectfully, 

"J. P. SANDERSON. 

It is proper also to say that the justice of paying the three 
months' men sent forward from this State in April, to defend 
Washington, was admitted, and orders were issued that our 
troops should be paid immediately, and they are now being paid 
in the manner indicated in the following letters, where the sub- 
ject is more fully set forth : 



144 [Assembly 

Executive Deparment, Albany, June 1, 1861. 

Sir — Learning from the telegraphic despatches of this morn- 
ing that arrangements would soon be made for paying the troops 
by the Secretary of the Treasury, I have deemed it proper to 
send you herein a copy of the Adjutant General's letter to the 
Secretary of War of 30th ult., which relates entirely to the 
militia regiments that were sent from this State as minute men 
to defend Washington. All such, it appears to me, should be 
paid from the day on which they are ordered into service. The 
officers and men of the militia regiments are composed of all 
classes of gur citizens, who, from the moment the order is pro- 
mulgated, drop all other pursuits, close up their business at once, 
and take every requisite step on the instant for entering into the 
service of the Federal Government , and whether it is one day 
or one month before they are mustered by United States officers, 
they should, I doubt not, be paid by the United States from the 
date of the order to enter its service. 

Permit me, in this connection, to say that nearly all the troops 
need money to a greater or less extent, and that monthly pay 
would quiet many complaints, and add very greatly to the com- 
fort of the men, besides enabling them, as such pay would, to 
provide articles that must otherwise of necessity be provided at 
the public expense. 

I am, with great respect, 

Your obedient servant, 

E. D. MORGAN. 

Hon. S. P. Chase, Secretary of the Treasury, 

Washington,. D C. 

May 30, 1S61. 
Sir — I deem it proper and in justice to the regiment interested, 
to make the following statement : On the 20th of April, the 8th 
regiment, N. Y, S. M., received orders through General Sandford 
from the Governor of the State, to hold itself in readiness to em- 
bark for service in the South, and it did so embark on the 23d 
of April. After its arrival, and before it could be mustered into 
the United States service, the regiment was moved to and fro, 
and, unless it has been recently done, is not yet mustered. 
Under these circumstances, it would seem only just that the 
United States government should assume to pay the officers and 
men of this regiment from the day they received the order, and 



No. 15.] 145 

according to the State organization, all of them were, if the 
number exceeded the limit prescribed by the organization of the 
volunteer regiments, having been in the United States service 
from that date. 

What is said of the above regiment is applicable, more or less, 
to all the regiments of regularly organized New York State militia, 
(not volunteers), being composed of men who left their occupa- 
tions at a moment's warning, and who cannot afford to lose any 
portion of their small compensation for service, 

I have the honor to remain, sir, your obed't serv't, 

J. MEREDITH READ, Jr., Adft Gen'L 
Hon. Simon Cameron, Sec^y of War. 

The Attorney General asked leave to add to the report of the 
committee, as made by his Excellency the Governor, the expres- 
sion of his conviction, that the very satisfactory result obtained 
upon every point negotiated, except the appointment of general 
officers, was due to the personal and official influence of the Gov- 
ernor, whose efforts were untiring, and that no doubt the point 
in regard to general officers would have been yielded by the TJ. 
S. Government, had it not seemed to form an exception in favor 
of this State from the plan of organization adopted, which might 
have been deemed cause of complaint by other States. 

On motion of the Comptroller, the report of the committee was 
approved and accepted, with the thanks of the Board. 

The Comptroller and Secretary of State having advised the 
Quartermaster General to purchase 100 pairs of shoes, size No. 
11, at a price not to exceed $1.25 per pair, on motion, it was 

Resolved, That the action of the Comptroller and Secretary of 
State be approved and confirmed. 

The Secretary of State and Comptroller, in the absence of a 
quorum, having advised the acceptance of the services of Charles 
H. Innes for Colonel of the 26th Regiment, Thomas J. Lord for 
Lieutenant Colonel of the 26th Regiment, Nathaniel Finch, Major 
of the 26th Regiment, and the confirmation of their election on 
the returns of said election being received by the Adjutant Gen- 
eral on the lOtli day of June instant, it was 

Resolved, That said action- of the Secretary of State and Comp- 
troller be approved. 

The Attorney General offered the following resolution, which 
was unanimously adopted : 

[Assem. No. 15.] 10 



146 [Assembly 

Resolved, That his Excellency, the Governor, be authorized and 
requested to provide for the manufacture of ammunition in his 
discretion at the arsenal here. 

The Governor presented the letter of G. White, which, on mo- 
tion, was laid on the table. 

The Adjutant General submitted the letter from Col. J. S. 
Clark, 19th regiment N. Y. S. Y. ; also one from Col. J. F. Quim- 
by, both in relation to clothing of their respective regiments, 
which, on motion, were laid on the table. 

On motion of the Attorney General, it was 

Resolved, That the Adjutant General be authorized to attach 
Captain Atwood's company to any regiment in which there may 
be a deficiency. 

A communication from Thomas A. Davies, colonel of the 16th 
regiment, in relation to arms for his regiment, was submitted by 
the chair, and on motion was referred to the Governor for action. 

The Attorney General asked leave of absence during next 
week, which on motion was granted. 

On motion of the Attorney General, it was 

Resolved, That in case no quorum of the Board be present 
on Monday, the Governor and such members as may be present 
be a committee to open and accept bids for accoutrements and 
other articles for which proposals were invited and make the 
contract. 

On motion the Board adjourned till 10 A. M., to-morrow. 



June 15, 1861—10 A. M. 

Present — the Governor. No quorum being present, adjourned 
until 12 noon, Monday. 



June 17, 1861—12 M. 

Present — the Governor and Comptroller. No quorum being- 
present, the Board adjourned until 12 noon, to-morrom. 

In consequence of the Executive Chamber not being large 
enough to accommodate the large number of persons bidding for 
accoutrements and other articles for which proposals were in- 
vited, to be opened at 12 o'clock to day, the members of the 
Board present, who by a resolution passed on the 14th instant, 
were constituted a committee to open and accept the bids and 
make the contracts, adjourned to the Court of Appeals room and 
proceeded to open the bids in the presence of parties interested. 

Adjourned until 12 noon, to-morrow. 



No. 15.] 147 

June 18—12 M. 

Present — the Governor and Comptroller. 

No quorum. Adjourned until 12 noon, to-morrow. 



June 19 — ^12 noon. 
Present — Governor and Comptroller. 
No quorum. Adjourned until 12 M., to-morrow. 

June 20—12 M. 
Present — the Governor, Lieut. Governor, and State Engineer. 
There being no quorum, adjourned until 1 P. M., Monday. 



June 25—1 P. M. 
Present — the Governor, Lieut. Governor, and Attorney Gen- 
eral. 

No quorum. Adjourned until Thursday, 1 P. M. 



July 1, 1861. 
Present — the Governor, Comptroller, and Attorney General. 
On motion of the Attorney General, no quorum being present, 
the Board adjourned until 9 A. M., to-morrow. 



July 2—9 A. M. 

Present — the Governor, Lieut. Governor, Secretary of State, 
Comptroller, Treasurer, Attorney General, State Engineer and 
Surveyor. 

The minutes of the previous meeting were read and approved. 

The Governor and Comptroller, who were the only members of 
the Board present on the 1*7 th of June, in compliance with a 
resolution passed on the 14th ultimo, constituting the Governor 
and such members of the Board as might be present, a committee 
to open and accept bids and make contracts for the articles for 
which proposals were invited by the following advertisement : 

STATE OF NEW YORK. ^ 

Commissary General's Office, \ 

New York, June 11, 1861. J 
Sealed proposals will be received at the Executive Chamber 
in the city of Albany, until 12 o'clock, M., on Monday, the l7th 
of June, for furnishing the following infantry accoutrements and 



148 [Assembly 

equipments, (army pattern) and of same quality to be furnished 
to tlie volunteer troops of tlie New York State militia, all of 
which must be delivered within fourteen days from the date of 
the contract, at such places as may be designated by the Com- 
missary General. 

5,000 cartridge boxes, 
5 000 cartridge box belts and plates, 
5,000 bayonet scabbards and frogs, 
5,000 cap pouches and picks, 
5,000 waist-belts and plates, 
5,000 gun-slings, 

5,000 knapsacks (enameled cloth), 
5,000 haversacks (enameled cloth), 
400 non-commissioned officers and musicians sword and 
waist-belts complete, 
1,200 wedge-shape tents, poles and pins, complete, 
400 wall-tents and flies, poles and pins, complete^ 
200 drums with sticks, slings and carriages, 
100 fifes (cocoa wood), 
100 bugles, 
500 hatchets, 
1,500 camp kettles, 
3,000 mess pans. 
The bids will state the price at which each of the aforemen- 
tioned articles will be furnished. 

All bidders are requested to meet at the Executive Chamber, 
in the city of Albany, at 12 o'clock, noon, on the l7th iust., to 
learn to whom the contract is awarded, the successful bidder or 
bidders to give at once full and sufficient security for the faith- 
ful performance of the contract. All proposals should be ad- 
dressed to the " Military Board, Albany, N. Y," and endorsed 
" Proposals for infantry accoutrements and equipments." The 
Board reserves the right to reject all bids if, in its judgment, the 
public interest requires it. 

BENJAMIN WELCH, Jr., 

Commissary General. 

Reported, that they proceeded at 12 o'clock on that day to the 
Court of Appeals room, (the Executive Chamber not being large 
enough to accommodate the large number of bidders present) to 
open the bids. That 78 bids in all were received, and that the 



No. 15.] 149 

proposals of the following named parties for the articles, and at 
the prices below mentioned, were accepted, and that contracts 
herewith submitted were entered by the committee on behalf of 
the Board : 

Sprouls, Meeker & Co., for 5,000 cartridge boxes, at $1.18. 

Andrew J. Phillips, for 5,000 cartridge box belts and plates, 
at 30 cents. 

Andrew J. Phillips, for 5,000 cap pouches and picks, at 29 cte. 

Joseph Van Cleve, of Newark, 5,000 bayonet scabbards and 
frogs, at 36 cents. 

P. Jewell & Sons, 5,000 gun slings, at 22 cents. 

Peddie & Morrison, 5,000 knapsacks, at $2.50. 

Peddie & Morrison, 5,000 haversacks, at 50 cents. 

Ralph P. Lathrop, 5,000 hatchets, at $5 per dozen. 

J. H. Atwater & Co., 1,500 camp kettles, in nests of 3, to weigh 
18 lbs. a nest, at $1.48 per nest. 

J. H, Atwater & Co., 3,000 mess pans, to weigh 2 lbs. each, at 
$1.92 per doz. 

Heminway & Beveridge, 1,200 wedge-shaped tents, 7 feet long, 
7 feet high, 9 feet wide, with poles, pins, slides and flies com- 
plete at $13. 

Heminway & Beveridge, 400 wall tents, 9 feet long, 9 feet high, 
and 9 feet wide, the flies 15 feet 4 inches long, 9 feet wide, walls 
of tents 3 feet 9 inches high, at $28. 

On motion of the Attorney General, the action of the commit- 
tee and contracts made by them were approved. 

The Attorney General made the following report, which, on 
motion, was approved and ordered entered at length upon the 
minutes : 
To the Honorable the Military Board of State Officers, under the 

act of April 16, 1861 : 

The undersigned, pursuant to the resolution of this Board of 
.une 4th, sent to Ogdensburgh for Mr. B. Paine, an expert, who 
reported himself here on the 6th of June, with whom the under- 
signed proceeded to New York, and on the 7th of June instituted 
a system for inspecting the uniforms and supplies to be delivered 
under the various contracts which should ensure a critical exami- 
nation of each garment and article. This inspection has been 
continued constantly since that time until the 1st inst., by Mr. 
Paine, under the direction and responsibility of the undersigned. 
The first delivery of clothing was somewhat imperfect in manu- 



150 [Assembly 

facture, but the prompt rejection of all articles not equal to the 
sample, had the effect of securing a full compliance with the con- 
tracts, and the undersigned has the pleasure to report that the 
uniforms furnished by Devlin, Hudson & Co., Wm. Seligman & 
Co., Smith Brothers, and A. T. Stewart & Co., the only contrac- 
tors whose uniforms have been inspected by the undersigned, 
have given full satisfaction to the officers and men to whom they 
have been issued, and are a fair comj)liance with their contract. 

The uniforms have been packed in boxes numbered from one 
upwards, with the signatures of the inspector, Mr. Paine, affixed, 
and can be traced so that any responsibility for the receipt of 
defective articles can be placed where it belongs. 

The undersigned has also inspected, through the same expert, 
14,596 caps, with covers and capes, from Murphy & Childs, all 
which are equal to the requirements of their contract. 

There has also been inspected, by the same inspector, a portion 
of the socks and blankets which seem to be less satisfactory, and 
only portions of the socks have been received and accepted which 
correspond with the contract and sample. 

No blankets have been accepted by the undersigned, and the 
subject is respectfully submitted to the Board. For more par- 
ticular information the undersigned submits herewith the report 
of Mr. Paine to him. 

The undersigned conceiving he has performed his whole pro- 
portion of the duty of the inspection of goods begs to be relieved 
from further participation therein. 

The untiring industry, efficiency and firmness of Mr. Paine has 
won for him the respect and regard of those with whom he has 
come in contact ; and at the special request of Assistant Quar- 
termaster General Arthur the undersigned recommends that the 
employment of Mr. Paine as inspector at New York be continued. 
All which is respectfully submitted, July 2, 1861. 

CHA'S G. MYERS. 

(Report of Mr. Paine on file.) 

The Treasurer stated that he was not prepared to report in 
relation to the inspection of uniforms, but would do so next 
week. 

The Governor stated that he had ordered from Smith Brothers 
& Co., 1,000 pair of pants at $3.50, which action, on motion of 
the Attorney General, was approved and adopted. 



No. 15.] 151 

Also that he had ordered from P. V. Kellogg 800 jackets and 
800 pants, at a price to be determined by the Board. 

On motion of the Lieutenant Governor the price to be paid 
Mr. Kellogg for the jackets ordered by the Governor from him 
was fixed at $5 each, and the price of the pants at $3.50 per 
pair. 

On motion the Board adjourned until 6 o'clock P. M. 

6 o'clock P. M. 

Pursuant to adjournment the Board met at the Executive 
Chamber. 

Present — the Governor, Secretary of State, Comptroller, State 
Engineer, Treasurer and Attorney General. 

The Governor submitted three letters which were read, and on 
motion, ordered entered at length on the minutes, and are in the 
following words : 

Birmingham, June 8, 1864. 
Hon. E. D. Morgan, Governor of the State of JVew York : 

Dear Sir — My last was under date of the 4th inst,, inclosing 
invoice of arms shipped per steamer City of Baltimore 5th inst., 
from Liverpool. The five cases, Nos. 142, 45, 46, 47 and 62, were 
shut out of the steamer Glasgow. They were sent by Messrs. 
Baring Bros. & Co. to Galway, for shipment per Adriatic. The 
company refused to take them, they will be sent by steamer of 
12th inst. I expect to send at the same time about one thou- 
sand rifles. I find that it will take at least six months from date 
of our contract to execute your order for 25,000 rifles. It will 
be necessary for me to have instructions from you in regard to 
this by return steamer, as my present contracts will expire about 
the 1st of August, and I have no authority to renew them. If 
an early reply is given, I can secure the men I now have working 
for you. Yours respectfully, 

JACOB R. SCHUYLER, 

The large order for arms for Americans, and an order for 
30,000 for the Spanish Government has made it very difficult to 
get the fire arms I have sent you, I expect to send you from 800 
to 1,000 each week, but may be disappointed. 



152 [Assembly 

Ordnance Office, 
Washington, June 17, 1861. 
Gen. J. Meredith Read, Jr., 

Adjutant Ge7ieral, Albany, JYew York: 
Sir — On receipt of your letter of the 14th inst., I submitted it 
to the Secretary of War, with a report, a copy of which, with the 
endorsements thereon of the General-in-Chief and Secretary of 
War is herewith enclosed. From this you will perceive that the 
Ordnance Department cannot undertake to furnish ammunition 
for other than the United States calibres. 

Very respectfully, your obedient servant, 

JAS. W. RIPLEY, Lieut. Col. of Ordnance. 

Ordnance Office, 1 

Washington, June 17, 1861. ) 

Hon. Simon Cameron, Secretary of War : 

Sir — Before answering the enclosed from Adjutant General J. 
M. Read of New York, I must submit it to you for instructions, 
with the following remarks. One of the greatest evils that can 
befall the military service is the introduction of arms of different 
kinds and calibres, requiring varieties of ammunition. It inevit- 
ably produces confusion and embarrassment, both in the use and 
the preparation of cartridges. All the troops called into the 
United States service can be furnished by the Government with 
good, strong, serviceable arms suitable for the ammunition which 
we have the means of preparing at our arsenals. None other 
should be allowed, and where the States cannot furnish arms of 
the United States calibres, requisitions for as many of them as 
are necessary to arm troops mustered into Government service, 
should be made on United Stales arsenals. It is very important 
in my opinion, that the issue of "fancy" arms to United States 
troops should be prohibited, and that those now in the hands of 
such troops should be exchanged for others of the regular kind 
and calibre. 

Respectfully, &c., your obedient servant, 

(Signed,) JAS. W. RIPLEY, Lieut. Col. Ordnance. 

On motion of the Comptroller it was 

Resolved, That Mr. Jacob R. Schuyler, employed by this State 
to procure arms and ammunition in Europe, be directed to pur- 
chase no more, and to close all contracts for arms and ammuni- 
tion which he has made in behalf of the State as soon as possi- 



No. 15.J 153 

ble, and that the Comptroller be directed to forward a copy of 
this resolution to Mr. Schuyler and to the Bank of Commerce, 
New York, 

On motion, the Board adjourned until 9 A. M., to-morrow. 



July 3, 1861—9 A. M. 

Pursuant to adjournment, the Board met at the Executive 
Chamber. 

Present — Governor, Lieutenant Governor, Comptroller, Attor- 
ney General, State Engineer and Surveyor. 

The minutes af the previous meeting were read and approved. 

The Governor submitted a letter from Cronin, Huxthal and 
Sears in relation to blankets, which was read and, on motion, laid 
on the table. 

The Lieutenant Governor offered the following resolution, 
which was lost : 

Resolved^ That the blankets delivered, or to be delivered by 
the contractors Cronin and Huxthal and Sears, under their con- 
tract with this Board, shall be promptly inspected as received 
and such as are equal to the sample shall be accepted, that 50 
pairs together shall weigh not less than 300 lbs., and that no 
pair shall weigh less than 51bs. 3 oz. 

Respecting supplies for the volunteer force, the Governor 
stated as follows : — On May 27, the Board awarded contracts for 
uniforms, under clothing, caps, shoes and blankets. On the 12th 
ultimo, the Governor had arranged with the Secretary of War to 
forward to Washington a regiment of volunteers daily, and to ful- 
fill this engagement on the part of the State, it become necessary 
to hold the several contractors to a strict observance of the 
terms of their contracts. The contractors for furnishing uni- 
forms, with one or two exceptions, exhibited a commendable 
promptitude, completing their deliveries within the time pre- 
scribed. 

Among those who proved delinquent were Pierce Brothers of 
Boston, to whom was awarded the contract for under clothing. 
They contracted to supply 30,000 woolen shirts and 30,000 
pairs of woolen drawers, to be delivered respectively as directed 
by the Quartermaster General at New York, Albany and Elmira, 
as follows : 3,000 of each in one week from date of the contract, 
(May 28) and the residue in three equal portions, one portion in 
each of three weeks, next succeeding the week ending June 1, 



154 [Assembly 

The drawers to be paid for at the rate of $1.05 per pair, and the 
shirts at $1.37| each. Subsequently, on May 28th, the Board by 
resolution authorized a change in the sample for drawers, per- 
mitting an article of less expensive quality to be furnished in- 
stead of the one previously accepted, and reducing the cost to 
ninety cents per pair. It will be seen by the above synopsis that 
the whole contract should have been completed on the 21st day 
of June, viz : 

3,000 of each, shirts and drawers, should have been delivered 
June 4 ; 9,000 of each, shirts and drawers, should have been de- 
livered June 7 ; 9,000 of each, shirts and drawers, should have 
been delivered June 14 ; and the balance, 9,000 of each, shirts 
and drawers, should have been delivered June 21. 

But it appears from a report made by the Quartermaster Gen- 
eral, that at the latter date such deliveries had not been made. 
They had previously been notified of the necessity existing for 
furnishing these articles according to agreement. In conse- 
quence of their delay, and more particularly of the fact that the 
drawers they were supplying were of inferior quality, the Gov- 
dernor deemed it his duty on the 21st of June, to telegraph to 
Judge Thurston, who had been appointed to visit Boston for the 
purpose of inspecting these articles, as follows : '' Do not inspect 
any more drawers. If like some that have been sent to Albany, 
we cannot accept them." 

On examination, the drawers were found to be light and it was 
feared not very serviceable. A member of the firm of Pierce 
Brothers, visited Albany, and after some demurring, finally con- 
sented, and that further deliveries should be discontinued and 
the contract abandoned. The supplies of shirts and drawers 
have been purchased of A. T. Stewart & Co., whenever demanded 
to meet the wants of the troops, at prices more favorable and of 
quality superior to those furnished under contract. 

To Benedict, Hall & Co., of the city of New York, had been 
awarded by the Board, the contract for supplying shoes, at $1.25 
per pair. The early deliveries made by them, satisfactory in 
point of time, were not equal to the samples. They were there- 
fore rejected, and shoes were bought at New York and Troy when 
necessary to supply all regiments preparing to leave the State. 
Subsequently, deliveries of shoes by the contractors, were, on 
careful inspection, found to be good, and since then the supplies 
for New York and Elmira, have been drawn from that source. 



No. 15.] 155 

Those needed at Albany, were purchased from Wood, Willard & 
Prentice. 

To Cronin, Huxthal & Sears, of New York, was awarded the 
contract for furnishing blankets. They delivered at the store- 
house in New York, a quantity which, on inspection by Mr. 
Paine, proved to be lighter than the sample, and were rejected 
by him. They have submitted a communication to the Board 
which I present herewith. 

The supply of caps was according to contract, and by the in- 
spector pronounced up to sample, although as they are made over 
pasteboard forms, they may not be very serviceable. 

The firm of E. Remington & Sons, of Ilion, having contracted 
to attach 5,000 sabre bayonets to the E^mington rifles, then in 
New York and Albany, at $4.55 each, and to deliver 600 within 
two weeks from date, and 600 to 1,000 in each succeeding week 
until the whole should be delivered, and by the inability of Col- 
lins 6c Co., of Connecticut, with whom they are contracted for 
the blades, they were unable to fulfil their contract with the 
State, and it being the judgment of experienced military men 
that the sabre-bayonet was unnecessarily heavy, the contract was 
declared forfeited, but Messrs. Remington were permitted to 
complete 2,500 thereof. 

It being desirable that bayonets should be attached to this 
arm, and learning that the General Government had a small sup- 
ply at the United States armory at Springfield, Commissary G^n. 
Welch was directed to visit that city for the purpose of obtain- 
ing 2.500. He accordingly did so, but learned there that it 
would be necessary to obtain an order from Col. Ripley of the 
Ordnance Department, Washington, before they could be deli- 
vered ; he repaired thither at once, and procured a requisition 
from Colonel R. for 1,600 bayonets, and a contract was made 
with to put them on the rifles at fifty-eight cents 

each. 

Unless the triangular bayonet can be procured, which is doubt- 
ful, Messrs. Remington •will be directed to attach the sword bay- 
onet to the remainder of the rifles forthwith. 

On motion of the Attorney General, the report of the Gover- 
nor was accepted and his action unanimously approved. 

The Governor presented a communication from Henrj' Fitz- 
hugh and others in relation to pay of chaplains, in reply to 
which it was, on motion of the Attorney General, 



156 [Assembly 

Resolved, That all regimental chaplains be paid on the basis 
of the resolution of the Board of May 2, to the time they shall 
have been mustered into the United States service, from which 
time it is expected they will be paid by that government as cap- 
tains of cavalry are paid pursuant to general order No. 15 of the 
War Department. 

The Governor having, on the 11th day of May, committed to 
Col. Delafield, of the U. S. corps of engineers, now detailed to 
duty at these headquarters, the selection of and contracting for 
the rifled cannon and ammunition, for the use of the troops from 
this State, laid before the Board the following communication 
from Col. Delafield, which was read, and on motion of the Attor- 
ney General, ordered entered at length on the minutes, and the 
contract made with Mr. Parrott was approved and confirmed. 

Albany, June 6, 1861. * 
To His Excellency, Ed. Morgan, Governor. Sfc. : 

Sir — In compliance with your instructions contained in your 
letter of the 11th May, I have entered into an agreement with 
E,. P. Parrott, Esq., of the West Point foundry, for ten rifle guns 
reinforced about the breach with wrought iron, 3.6Y diameter of 
bore, calculated to fire hollow projectiles of about 2^ diameters 
in length, to be proved before inspection and receipt by firing ten 
ronnds from each gun, and of the dimensions noted on the accom- 
panying drawing. These guns are to cost, with 100 shot each, 
making for the ten of this size, $5,000. 

I have also entered into an agreement with the same party for 
six rifle guns, reinforced about the breach with wrought iron of 
3.6*7 diameters, of bore calculated to fire hollow projectiles of 
not exceeding two diameters in length, to be proved before in- 
spection and receipt by firing ten rounds from each gun. These 
six guns will weigh about 1,500 lbs., and are intended for the 
light six-pounder field batteries now used on six-pounder car- 
riage. They will cost, with 100 shot each, $300. If more are 
ordered by the State, this latter gun, with 100 shot, will be de- 
livered at $250. The cost of the six $1,800. 

You will observe that 100 suitable rifled shot are to be fur- 
nished for each gun, and included in the above cost. In addi- 
tional to that quantity I have ordered 100 additional for each 
gun. For the heavy gun these will cost $1.20 each, and for the 

ten guns of this description, 1,000 shot is.. $1,200 00 

For the 100 additional shot per gun for the light field 

piece 80c. each, making 600 shot at that rate 480 00 



No. 15.] • 157 

The expense of proving these guns is to be paid for by 
the State at the cost of the shot and powder, and at 
the rate of ten rounds per gun, making 100 shot at 

$1.20 $120 00 

And 60 shot at 80c. each _ 48 00 

The powder for the 160 rounds I have no certain data 
upon which to estimate the cost, but supposing it to 
be 1^ lbs. per round at 40c. per lb. the cost will be 

for 240 lbs. of powder 96 00 

Making the total expenditure $8,744 for the sixteen guns, and 
the same price as is paid by the United States for corresponding 
guns, being at the rate of 3.12 cents per lb. for the heavy gun 
with its 100 shot delivered in New York, and 2.85 cents per lb. 
for the small gun with its 100 shot. The additional shot, inde- 
pendent of guns, costs about 6 cents per lb. If solid they would 
not exceed 3 cents per lb. 

The War Department having declined to afford any facilities 
whatever to the State of New York, in furnishing any part of the 
carriages or material for this rifle ordnance, as stated to you in 
copies of my letter of the 24th May to Gen. Totten, and the an- 
swer thereto by Colonel Ripley of the 2d June, and the govern- 
ment having in store at Watervliet sufficient spare battery and 
forge wagons for any sudden emergency, requiring the use of 
these State batteries, I would suggest that the order for the bat- 
tery and forge wagons be deferred until the guns are finished, 
proved and delivered, when if expedient, we can progress with 
the wagons through some private factory. 

General Welsh reports to me that the State has in the State 
arsenal at New York, carriages, limbers and caissons complete for 
six 6-pounder guns ; at the city armory in possession of the 4th 
regiment 9 carriages with limbers and caissons complete, and at 
the Brooklyn arsenal, in the possession of the 70th regiment, six 
carriages, limbers and caissons complete, all for 6-pounders, or 
21 sets, and that for the 12-pounder field gun, adapted to the heavy 
rifle gun there are six carriages and caissons in the New York 
arsenal, and two in General Duryea's division, leaving two of this 
description to be provided, and further that there is an ample 
supply of harness in possession of the State uniform militia. 
Respectfully your obedient servant, 

RICHARD DELAFIELD, 

U. S. Corps of Engineers. 



158 



[Assembly 



The Comptroller stated that the committee, consisting of him- 
self and the Treasurer, who were appointed by resolution of the 
Board, on the 30th day of April last, to accept the services of 
companies, had accepted, on that day, the companies commanded 
by the following named captains, to wit : 

Captain Miles J Bliven, Saratoga, 77 men, 
Captain Schlick, Steuben county, 89 men, 
Captain Morris H. Church, Syracuse, 77 men, 
Captain Brand, Syracuse, 77 men. 
Captain George W. Stone, Syracuse, 77 men, 
Captain J. M. Brown, Syracuse, 81 men, 
Captain George W. Cole, Syracuse, 79 men. 
Captain Henry A. Barnum, Syracuse, 80 men, 
Captain John C. Ginnis, Orange county, 77 men, 
Captain Lewis Michael, Utica, 95 men. 
Captain Frank Palmer, Plattsburgh, 93 men. 
Captain Wm. R. Brazee, Utica, 77 men, 
Captain David A. Niven, Ogdensburgh, 88 men, 
Captain Hamson Holliday, Poughkeepsie, 79 men. 
Captain Isaac S. Catlin, Owego, 79 men, 
Captain John F. Aikens, Seneca county, 78 men. 
Captain John T. Baker, Cayuga, 88 men. 
Captain Dennis Driscoll, jr., Syracuse, 91 men, 
Captain Milo W. Locke, Syracuse, 78 men. 
Captain Joseph C. Irish, Syracuse, 91 men, 
Captain Augustus I. Root, Syracuse, 78 men, 
Captain Wm. H. Drew, Buffalo, 77 men. 
Captain Schoeffel, Rochester, 79 men, 
Captain Adolphe Nolte, Rochester, 77 men. 
Captain Henry B. Williams, Rochester, 77 men. 
Captain Lebbeus Brown, Rochester, 77 men, 
Captain Wm. A. Tully, Rochester, 77 men, 
Captain Robert F. Taylor, Rochester, 77 men, 
Captain James McQuade, Utica, 80 men, 
Captain Horace I. Thomas, Rochester, 77 men, 
Captain Carl Stephan, Rochester, 77 men. 
Captain Hiram Smith, Rochester, 77 men, 
Captain Elisha L. Hayward, Buffalo, 80 men. 
Captain John M. Layton, Buffalo, 77 men, 
Captain Edward Hazard, Buffalo, 79 men. 
On motion of the Lieutenant Governor, it was 



No. 15.] 159 

• - Resolved, That the staff officers in the several regiments of the 
volunteer militia of this State, who have been mustered into the 
service of the United States, be accepted by this Board as of the 
date of their respective appointments, and their several appoint- 
ments confirmed, and that the Governor be and he is hereby au- 
thorized to accept and commission such staff officers as shall 
have been mustered into the United States service, or shall here- 
after be appointed for said volunteer militia. 

On motion of the Attorney General it was 

Resolved, That the Governor be authorized and requested to 
procure ten additional rifle guns for Jight field batteries, corres- 
ponding in bore with the elongated shot of three diameters in 
length now before the Board. 

On motion of the Lieutenani Governor it was 

Resolved, That the Governor be, and he is hereby authorized 
to furnish the privates of Colonel Quimby's 13th regiment. Colo- 
nel Clark's 19th regiment, and Colonel Walsworth's 12th regiment, 
each with a new uniform of jacket and trowsers of the army cloth, 
and in case a sufficient quantity of such uniforms for that purpose 
is not now on hand, to contract for such uniforms at a price not 
to exceed $8.50 for such uniform. 

The Governor submitted a letter from James C. Howard, also 
one from M, Pinner, both of which were, on motion, laid on the 
table. 

On motion of the Attorney General it was 

Resolved, That the Governor be a committee to do whatever 
he may deem necessary towards the organization of a company of 
sharp shooters. 

On motion of the Lieutenant Governor it was 

Resolved, That a committee of two be appointed by the chair 
to proceed to Washington to ascertain the situation and wants of 
the volunteer militia of this State, and to negotiate for the ar- 
rangement of all matters with the Gelleral Government relative 
to supplies for such forces, and especially for a company of sharp 
shooters. 

The Governor appointed as such committee the Attorney Gen- 
eral and Treasurer. 

On motion of the Comptroller, the Board adjourned, subject to 
call of the Governor. 



160 [Assembly 

July 11— 12 o'clock, M. • 

The Board met at the Executive Chamber, pursuant to the 
call of the Governor. 

Present — Governor, Lieutenant Governor, Comptroller, State 
Engineer and Treasurer, 

The minutes of previous meetings were read and approved. 

The Lieutenant Governor and State Engineer and Surveyor, 
presented the following report, which, on motion was accepted, 
and ordered entered at length on the minutes of the Board : 

To the Board of State officers named in " An Act to authorize 
the embodying and equipment of a volunteer militia, and 
to provide for the public defence," passed April 16, 1861. 

The undersigned having been appointed a committee to inves- 
tigate all matters connected with the contract made between this 
State and Messrs. Brooks Brothers of the city of New York, for 
the delivery of uniforms to be furnished to the volunteer militia 
of this State, and particularly as to the quality of the uniforms 
delivered under such contract, 

REPORT : 

That your committee have examined such contract, and 
the samples of cloth attached to the same, (now on file in the 
office of the Comptroller,) and have appended to this report a copy 
of the minutes of this Board relating thereto, and have also ex- 
amined a portion of the uniforms delivered by Messrs. Brooks 
Brothers under their contract, and have taken such testimony in 
relation thereto as was by your committee deemed necessary to 
establish all the facts relative to the making of such contract, 
and the quality of the uniforms delivered under it, which testi- 
mony is also annexed to this report. 

The undersigned submit that such minutes, contract, and testi- 
mony establish the following facts, viz : 

That on the 23d day of April last, this Board caused a notice 
to be published, inviting proposals for furnishing uniforms and 
clothing for 12,000 of the volunteer militia of this State. 

That in pursuance of such invitation, proposals were received 
from various persons to furnish such uniforms and clothing; and 
that none of the persons offiiring such proposals, except said firm 
of Brooks Brothers, professed to be able to make such uniforms 
of army cloth within the time specified in the notice. 

That at the time of receiving such proposals, the agent of 
Messrs. Brooks Brothers represented to members of this Board 



No. 15.] 161 

that such firm had then on hand, or under their control, a suffi- 
cient quantity of army cloth to make the 12,000 uniforms. 

That relying upon such representations of the agent of such 
firm, this Board accepted their proposal, and contracted with 
them for such uniforms at $19.50 for each uniform, consisting of 
a jacket, trowsers, and overcoat. 

That soon after such contract was awarded, this Board was 
informed by said firm of Brooks Brothers, that they neither had 
nor could procure in market a sufficient quantity of army cloth to 
make said uniforms, and they desired an extension of the time 
stipulated in the contract for completing such uniforms, to ena- 
ble them to get the army cloth manufactured for that purpose. 

That in view of the then state of our country, with the capital 
of the nation in imminent danger of being captured by the rebels, 
and all intercourse between the General Government and the 
loyal part of the nation interrupted, if not entirely cut off, with 
the strong appeals made by such government and the public 
press to have the volunteer militia of this State uniformed and 
mustered into service without delay, this Board did not feel at 
liberty to accede to such request of Brooks Brothers. 

That on the 25th day of April last, said' Brooks Brothers in- 
formed the then Inspector General of this State, (Wm. A. Jack- 
son) that they would be unable to fulfil their said contract un- 
less they were allowed to use other than army cloth for such uni- 
forms, and that such Inspector General requested authority to 
allow such a change of contract to be made. That upon receipt 
of such request, this Board appointed the Treasurer of the State 
a committee to proceed to New York city, and to confer with 
Assistant Quartermaster General Arthur and Major Patrick, in 
reference to said uniforms. 

That on the 27th day of April last, the Treasurer, as such com- 
mittee, reported to this Board that the New York market could 
not supply the necessary army cloth to make 12,000 uniforms, and 
that after consultation he was obliged to contract for such uni- 
forms to be made of other than army cloth, and that he had 
completed and signed a contract therefor with Messrs. Broojis 
Brothers, a copy whereof is hereto annexed. 

That on the 1st day of May last, such contract was approved 
of by the Board, under a belief that the uniforms therein con- 

[Assem. No. 15.] 11 



162 [Assembly 

tracted for and to be delivered under such contract would be 
of equal value of uniforms made from army cloth. 

That two of the samples of cloth attached to such contract are 
of inferior quality and of cloth of less value than army cloth. 

That the greater part of the 7,300 gray jackets and the greater 
part of the 7,000 grey trowsers referred to in said contract and 
therein contracted to be made of cadet mixed satinet were in 
fact made of an inferior cloth to samples No. 3, attached to such 
contract; such jackets and trowsers being of a poor quality of 
cloth known as "shoddy,'^ tender and unfit for use, so much de- 
cayed that such uniforms when manufactured from the same 
piece of grey cloth would present several different colors or shades 
of color. 

That all of said 7,300 grey jackets and 7,200 grey trowsers 
were badly cut, badly sewed and made up and the buttons used 
upon all the jackets were of a poor quality and not properly 
sewed upon such garments. 

That a large number of their overcoats delivered under such 
contract were made of cloth which was unfit for use and inferior 
to the samples attached to such contract, and a number of such 
overcoats were badly cut and made up with inferior buttons to 
those provided for in such contract. That most of such defec- 
tive uniforms were sent to the rendezvous, at Elmira, and fur- 
nished the volunteers at that place and the inferior quality of 
such uniforms was not known to this Board until the greater 
part of such uniforms had been delivered. 

That four residents of the city of New York, men of high 
standing, for interity and flusiness capacity, were selected by 
acting Quartermaster General Arthur, to inspect uniforms to be 
delivered under such contract, but that such persons only in- 
spected such uniforms in piles and did not examine each garment 
to see that the cloth in the same was of the quality or made up 
as provided for in the contract. 

That such inspectors furnished the said contractors with cer- 
tificates of inspection similar to the one hereto annexed, and such 
certificates were nailed upon boxes in which such uniforms were 
packed without such inspectors knowing the kind or quality of 
uniforms which were contained therein. 

That no member of this Board has or ever had any interest direct 
or indirect, in such contract, or has been paid, promised or given 
any sum of money or other valuable thing for any services or 



No. 15.] 163 

vote in relation to the awarding of such contract or the change 
of the same from the accepted proposals of the contractors. 

And your committee further submit that the representations 
made at the time such contract was awarded, as to the ability of 
Messrs. Brooks Brothers to furnish army cloth, the circum- 
stances attending the change of such contract as disclosed in the 
testimony and the making of so many of said uniforms out of 
inferior cloth, and the sending of the same to the rendezvous most 
distant from the place of meeting of this Board, are strong evi- 
dence that Messrs. Brooks Brothers, regardless to their obliga- 
tions to the people of this State, who had agreed to pay them a 
liberal price for army cloth uniforms, well made up, have at 
least been guilty of a gross neglect in the execution of such contract, 
and your committee recommend that no further payments be made 
to said Brooks Brothers thereon, unless they shall furnish the State 
free of expense other uniforms in the place of the defective ones 
referred to above. Some consideration, however should be given 
to the circumstances attending the making and executing of this 
contract. At the time it was made six of the States of the 
Union had then broken out into rebellion, five others were fast 
tending to the same result, the national forces had been attacked, 
the national flag dishonored by the rebels, and the capital of the 
nation was in danger of being captured by them ; the militia 
when called to the protection of the capitol were assailed by in- 
furiate mobs and waylaid by armed assailants, bridges were 
burned and roads destroyed, to prevent the passage of our troops 
over national territory, and all this by men who had been for 
years preparing for an overthrow and dissolution of our Union. 
The loyal citizens' of our nation casting aside all political points 
of difference with one accord hastened to the rescue of Govern- 
ment and united in a common defence of the Constitution and 
our laws. The Legislature of this State had appropriated three 
millions of dollars to uniform and equip 30,000 volunteers, and by 
law created this Board, consisting of State officers already bur- 
dened with ofiicial duties, and noAV within the period of eighty 
days they have sent into the field, uniformed and ready for ser- 
vice an army of 30,000 men, besides contributing largely by their 
efforts to the mustering into service of the General Government 
over 20,000 additional troops from this State, sharing as this 
Board did in the universal sentiment of our people and pressed 
as they were on all hands to hasten the volunteer force of this 



164 [Assembly 

State to the rescue, ere it should be too late, that the vigilance 
of this Board should not have been relaxed was hardly to be 
expected, and while your committee are conscious that the 
Brooks Brothers contract is a solitary instance of such relaxa- 
tion on the part of this Board, they can, with just pride, point 
to the result of their labors as some extenuation for such relaxa- 
tion. 

Your committee further submit that the volunteer militia of 
this State, who have offe^;ed their services and perchance their 
liv'es as a sacrifice to preserve our Constitution and maintain* our 
free government, are entitled to the best uniform which can be 
procured for them, and to the best of care and protection, while 
they are Engaged in their patriotic duties. We therefore recom- 
mend that all of the volunteer militia of this State who were fur- 
nished with the defective garments received under said contract 
with Brooks Brothers be also furnished with a new and better 
garment at the expense of the State, and that the cost thereof be 
made a charge against said Brooks Brothers, and be deducted 
from the amount to be paid them under their contract. 
All of which is respectfully submitted. 

ROBERT CAMPBELL, 
V. R. RICHMOND. 
Dated July 11, 1861. 



At a meeting of the State officers named in an act entitled 
" An act authorizing the embodying and equipment of a volun- 
teer militia, and to provide for the public defence." passed April 
16, 1861, held at the Executive Chamber on the 22d day of 
April, 1861, the Governor informed the meeting that a board of 
oflicers, consisting of Gen. Jackson, Col. Miller, Major Gates and 
Major Talmadge, had been requested to make a report on the sub- 
ject of uniforms. He stated that the gentlemen who had just 
come in comprised the Board on Uniforms. Inspector General 
Jackson, on behalf of the Board, stated they had a report ready. 
On request, the report was read by Inspector General Jackson, 
as follows : 

The Board convened by order of the Commander-in-chief to 
determine upon a plan for uniforming and clothing the volunteer 
militia, to be raised pursuant to the act of April 16, 1861, do 
report as follows : 

That the uniform of the troops should consist — 



No. 15.] 165 

1st. Of a jacket of dark army blue cloth, cut to flow from the 
waist, and to fall about four inches below the belt. The coat to 
be buttoned with eight buttons from the throat to the waist. 

The collar to be a low standing collar. The buttons are to be 
those of the State militia. Four sizes of jackets will be re- 
quired. The Quartermaster General will furnish a sample of 
the jacket. 

2d. Of trowsers, to be made of light army blue, cut full in the 
leg and large around the foot. Four^ sizes of trowsers will be 
required. 

The Quartermaster General will furnish a sample of the 
trowsers. 

3d. Of an overcoat of light army blue, of the pattertt worn by 
the United States infantry. 

Four sizes of overcoats will be required. The Quartermaster 
General will furnish a sample of the overcoat. 

4th. Of a fatigue cap of dark blue, with a waterproof cover, 
to be made with a cape which will fall to the shoulder. 

The cover to be buttoned to the visor, and furnished with 
strings, so that it may be tied under the chin. A sample of the 
cap, cover and cape will be furnished by the Quartermaster 
General. 

The State button will be used for the jacket, overcoat and cap. 
Each soldier should be provided with two canton flannel shirts, 
two pair canton flannel drawers, two pair woolen socks, one 
pair of stout cowhide pegged shoes, and one double Mackinac 
blanket. 

The cost of the uniform and clothing will be, in the opinion 
of the Board, about $26. It may exceed, if the great demand 
for the articles needed creates a proportionate rise in their mar- 
ket value. 

The Board have ordered to be made a sample of the jacket, 
trowsers and cap, and also a sample of the blouse, which may be 
substituted for the jacket. 

These samples will be ready for inspection at 6 o'clock this 
evening. 

The Board would suggest that the commissioned officers of 
this force be uniformed according to the bill of dress for officers 
already established by the general regulations. 

It is a matter of doubt whether the United States Government 
will furnish the troops with knapsacks, haversacks and canteens; 



166 [A 



SSEMBLY 



the Board suggest that they be purchased at once by the govern- 
ment. 

All of which is respectfully submitted. 
(Signed,) 

WM. A. JACKSON, Inspector General. 
D. M. TALMADGE, Major. 
T. W. MILLER, Col. Com. lUh Regt. 
F. B. GATES, Major 20tk Regt. 
Dated Albany, ^pril 22, 1861. 

The Attorney General prepared a paragraph for the agent of 
the Associated Press, inviting competition for proposals for uni- 
form and clothing in the following words : 

Proposals are invited for the immediate furnishing of uniforms 
and clothing for 12,000 New York volunteers, to be made at the 
capitol on the 23d inst., at 1 o'clock P. M. Specifications of the 
articles required can be found at the Quartermaster General's 
office in Albany. 



April 25, 1861. 

For uniforms consisting of overcoat, jacket and pants, to be 
according to the samples in the Quartermaster General's office. 

The contract for 12,000 of each was awarded to Brooks Bros., 
of New York city, at $19.50 for each complete uniform, the uni- 
forms to be delivered at the rate of 2,000 a week. 

In a meeting of the Board of State officers named in an act, 
entitled " An act to authorize the embodying and equipment of 
a volunteer militia and to provide for the public defence," passed 
April 16, 1861, held at the Executive Chamber on the 24th day 
of April, 1861, the Treasurer, from the committee appointed to 
open the bids for uniforms and to award the contract, reported 
that the contractors for uniforms and clothing for the volunteer 
force, created by the law of April 16, 1861, were awarded as 
follows : 

For uniforms, consisting of overcoat, jacket and trowsers, to 
be made according to the samples in the Quartermaster Gene- 
ral's office, the contract for 12,000 of each was awarded to Brooks 
& Co., of New York city, at $19.50 for each complete uniform, 
the uniforms to be delivered at the rate of 2,000 a week. 

I certify the foregoing to be a true extract from the minutes. 
(Signed,) J. H. LINSLY, 

Secretary. 



No. 15.] 167 

At a meeting of the Board of State Officers named in an act 
entitled "An act to authorize the embodying and equipment of a 
volunteer militia, and to provide for the public defence," passed 
April 16, 1861, held at the Executive Chamber on the 25th day 
of April, 1861, it was 

Resolved, That the Treasurer proceed to New York, there to 
confer with assistant Quartermaster General Arthur and Major 
Patrick in regard to uniforms, and also that he be a committee 
in conjunction with, the Commissary General to open and award 
the contracts for accoutrements now advertised for. 

Resol ed, That in case the Treasurer cannot obtain the con- 
sent of Brooks Brothers to release so much of their contract as to 
enable the State to procure from other sources, and which shall 
form a part of the 12,000 uniforms ordered, that he be authorized 
to obtain 3,000 uniforms in addition to the number already au- 
thorized by contract, provided that he shall obtain from the par- 
ties from whom he procures the uniforms proper security that 
the work shall be done in the same manner, of the same quality 
and material, and at the same price, as is agreed to be done by 
Brooks Brothers, to be furnished within three weeks time. 



At a meeting of the Board, held on the 27th day of April, 1861, 
the Treasurer, who was appointed a committee to proceed to 
New York, there to confer with assistant Quartermaster General 
Arthur and Major Patrick, reports that the New York market 
could not supply the necessary cloth for 12,000 uniforms of the 
pattern style ; that he was, therefore, after consultation, obliged 
to substitute another style of cloth. 

The Treasurer, therefore, reported that he had completed and 
signed a contract with Brooks Brothers. 



At a meeting of the Board, held on the 1st day of May, 1861, 
the Treasurer submitted a contract with Brooks Brothers & Co., 
of New York, for clothing, conditioned to furnish at various 
times, on or before the 18th day of May next, 12,000 uniforms at 
$19.50 each, together with a bond executed by Charles F. Good- 
hue and James F. Joyce, in the sum of $50,000. 

On motion, it was 

Resolved, That the contract with Brooks Brothers & Co., be 
approved and ordered filed in the Comptroller's office. 



168 [Assembly 

At a meeting of the Board held on the 2d day of May, 1861, 
it was 

Resolved, That Mr. Dorsheimer proceed to New York, to super- 
intend the inspection of the clothing to be delivered under the 
contract of Brooks Brothers. 

I certify the foregoing to be a true copy from the minutes. 

J. H. LINSLY, Secretary. 

Interrogatories to Edwin D. Morgan. 

I. State the terms and conditions of the proposals of Brooks 
Brothers, of the city of New York, to furnish uniforms and cloth- 
ing for the New York volunteers, and whether or not the same 
was accepted ? 

II. Did the contract entered into by the State with Brooks 
Brothers for furnishing uniforms and clothing for 12,000 New 
York volunteers, differ from the terms of the proposal made by 
same firm to furnish such uniforms and clothing? If yea, state 
in what particulars, and give the names of all persons who ad- 
vised such change of contract, and the reason why the same was 
changed. 

III. Have you at any time had any interest, direct or indirect, 
in the contract referred to in the last interrogatory ? 

lY. Have you any knowledge of any money or other valuable 
thing being paid, promised, or given to any person, for aiding 
said Brooks Brothers to obtain an acceptance of their proposals 
inquired about in the first interrogatory, or to procure the 
change of contract referred to in the second interrogatory, or 
the acceptance and delivery of uniforms and clothing under it? 
If yea, state particularly such knowledge and all matters relating 
thereto. 

Answer to interrogatory number one. — The terms and condition 
of the proposal of Brooks Brothers, according to my best recol- 
lection, were substantially as follows : 

They offered to furnish 12,000 uniforms consisting of overcoat, 
jacket and trowsers, in all respects according to sample garments 
in the office of the Quartermaster General, at the price of $19.50 
for each complete uniform, to be delivered at the rate of 3,000 
uniforms per week. The' samples in the Quartermaster's office 
were adopted as the pattern garments by the Military Board, on 
the recommendation of a board of officers appointed by me for 
the purpose of proposing a suitable dress, and consisted of In- 



No. 15.] 169 

spector General Jackson, Colonel Miller, and Majors Gates and 
Talmadge. They recommended that the uniform of the troops 
should consist : 

" First. Of a jacket of dark army cloth, cut to flow from the 
waist, and to fall about four inches below the belt. The coat to 
be buttoned with eight buttons from the throat to the waist. 
The collar to be a low standing collar. The buttons are to be 
those of the State militia. Four sizes of jackets will be required. 
The Quartermaster will furnish a sample of jackets. 

" Second. Of trowsers, to be made of light army blue, cut full 
in the leg and large round the foot. Pour sizes of trowsers will 
be required. The Quartermaster General will furnish a sample 
of the trowsers. 

** Third, Of an overcoat of light army blue, of the pattern 
worn by the New York infantry. Four sizes of overcoats will be 
required." 

I do not wish to be understood as speaking positively as to the 
time of delivery. The proposal may have been somewhat differ- 
ent from my statement. I believe, however, I am correct in 
regard to it. 

The proposal of Brooks Brothers to furnish 12,000 uniforms 
was accepted by the committee, because they were the only bid- 
ders that could positively furnish the material ; other bids were 
made with a proviso, or condition, that the kind of cloth named 
could be procured in time. The award was confirmed by the 
Board. 

Aiiswer to second interrogatory. — The contract between the 
State and Brooks Brothers, as finally drawn, did differ from the 
terms of proposal made by them and accepted by the committee. 
The particulars in which it differed, and the reason which, in my 
judgment, induced the Board to authorize the change, were as 
follows : — On April 27, the Treasurer, Mr. Dorsheimer, who had 
been appointed, on the 25th of April, a committee to proceed to 
New York, and there to confer with Assistant Quartermaster 
Arthur and Major Patrick in regard to uniforms, reported that 
the New York market could not supply the necessary cloth for 
the 12,000 uniforms of the pattern style, and that he therefore 
felt obliged, after due consideration, to substitute other styles of 
cloths, samples of which he produced, and which were attached 
to, and still are attached to the contract of Brooks Brothers. As 
the change of material for a portion of the uniforms was made 



170 [Assembly 

in New York, without consultation with the Board or any of its 
members, except Mr. Dorsheimer, who was acting as its commit- 
tee, I have no knowledge of the parties who advised it, beyond 
the name of the late Inspector General, William A. Jackson ; and 
the only knowledge I have of such advice by him is contained in 
a telegraph dispatch, copy of which, together with my reply, also 
by telegraph, as follows : 

New York, April 25, 1861. 
" Gov. E. D. Morgan : Can I change the colors of the uniforms 
— I can't get the cloth of the colors required. Gen. S. Yates and 
Arthur advise the change. Answer at once, or I shall lose the 
chance of getting the cloth. Send answer to general telegraph 
office. WM. A. JACKSON." 

" Albany April 25, 1861—4:45 p. m. 
" Wm. a. Jackson, General Telegraph Office, New York : 
Treasurer Dorsheimer leaves for New York at 5. Wait till he 
arrives. He goes as a committee of the Board. 

" E. D. MORGAN." 

I deem it but proper to state here, that Lieutenant Governor 
Campbell expressed his disapprobation of any change in the ma- 
terial. On the receipt of the above dispatch by Mr. Jackson, I 
stated at once that my own judgment entirely concurred with 
that of Lieutenant Governor Campbell. 

Answer to third interrogatory — No, neither direct nor indirect. 

Answer to fourth interrogatory — I have no knowledge of any 
money or other valuable thing being paid or given to any person 
for aiding Brooks Brothers to obtain an acceptance of their con- 
tract. As regards the promise of money or other valuable thing 
I know nothing, except that Mr. Elisha Brooks, a member of the 
firm of Brooks Brothers, who visited Albany the latter part of 
June for the purpose of drawing some money on their contract, 
informed me that they had designed to do " something handsome 
for Robert Freeman." But whether any information of this in- 
tention had been communicated to Mr. Freeman, I know not. 

Mr. Freeman is, I believe, an employee of their house, and has 
been for several years. 

Albany county, ss: Edwin D. Morgan, being duly sworn, saith 



No. 15.J 171 

that the within and annexed answers to the annexed interroga- 
tories are true, to the best of his knowledge and belief. 

(Signed) E. D. MORGAN. 

Subscribed and sworn before me, ) 
this 10th July, 1861, J 

(Signed) R. Campbell, Chairman. 

Deposition of Robert Campbell. 

State of Mew York: Robert Campbell, being duly sworn, doth 
depose and say as follows, viz : 

Q. State the terms and conditions of the proposal of Brooks 
Brothers, of the city of New York, to furnish uniforms and 
clothing for the New York volunteers, and whether or not the 
same was -Gccepted. 

A. I have no knowledge of the terms and conditions of the 
proposal made by Messrs. Brooks to furnish uniforms, nor whether 
same was accepted or not, except from the minutes of the Mili- 
tary Board. 

I was absent from the meetings of such Board at the time the 
proposals for furnishing such uniforms were invited, and at the 
time they were made and accepted. 

Q. Did the contract entered into by the State with Brooks 
Brothers, for furnishing uniforms and clothing for 12,000 New 
York volunteers, differ from the terms of the proposal made by 
said firm to furnish such uniforms and clothing ? If yea, state in 
what particulars, and give the names of all persons who advised 
such change, and the reason why the same was changed. 

A. It did differ ; other than army cloth was substituted for a 
portion of the uniforms. I had no knowledge of the circumstan- 
ces which induced such change, except as detailed to the Board 
by Treasurer Dorsheimer. On the 25th of April last, Treasurer 
Dorsheimer was appointed a committee of such Board, to pro- 
ceed to New York and consult with General Arthur and Major 
Patrick, in regard to such uniforms ; on his return on the 27th of 
April, he reported to the Military Board that he had, after dili- 
gent inquiry, ascertained that a sufficient quantity of army cloth 
conld not be had in the New York market to make the 12,000 
uniforms, and that, after consultation, he had entered into a con- 
tract for such uniforms with Brooks Brothers, to be made to part 
of other than army cloth, and assured the Board that all of the 



172 [Assembly 

uniforms to be delivered under such contract would be of equal 
value of army cloth uniforms. 

At a meeting of the Military Board held on the first of May 
last, Treasurer Dorsheimer submitted a written contract made 
with Brooks Brothers, for the approval of such Board. I remem- 
ber to have objected to a change of the contract with Brooks 
Brothers, but was assured it Avas all right, and made no further 
opposition to its approval. That this deponent never saw the 
samples of cloth attached to such contract, but relied upon the 
assurance given that the uniforms contracted for would be of as 
good a quality as if made of army cloth. 

Q. Have you at any time had any interest, direct or indirect, 
in the contract referred to in the last interrogatory ? 

A. I have not ; nor in any contract made by the military 
Board, other than such interest as every citizen of the State 
has. 

Q. Have you any knowledge of any money or any other valu- 
able thing being paid, promised or given to any person for aiding 
said Brooks Brothers to obtain an acceptance of their proposal 
inquired about in the first above interrogatory, or to procure the 
change of contract referred to in the second interrogatory, or 
the acceptance and delivery of uniforms and clothing under it ? 
If yea, state particularly such knowledge and all matters relating 
thereto. 

Ji. I have no knowledge of anything of the kind. 

(Signed,) R. CAMPBELL. 

Read over, subscribed, and sworn before me, this 10th day of 

Jul}^ 1861, 

(Signed,) Van R. Richmond, Committee. 

State of New York : ) 

\ go 

Albany county, . ) 

David R. Floyd Jones, being sworn, doth depose and say, that 
in response to the first interrogatory addressed to him, which is 
in the following words : 

*' State the terms and condition of the proposal of Brooks 
Brothers of the city of New York, to furnish uniforms and cloth- 
ing for the New York volunteers, and whether or not the same 
was accepted V 

He has no knowledge of the terms and conditions of the pro- 
posal of Brooks Brothers as aforesaid, nor whether the same was 



No. 15.] 173 

accepted, except what appears from the record of the Military 
Board, for the reason that at the time said proposals were opened 
and submitted, he was in the city of New York, engaged in the 
important duty, in connection with the Comptroller and Attorney 
General, as a committee of dispatching an agent to Europe for 
the purchase of the necessary arms for volunteers. 

The second interrogatory is as follows: "Did the contract en- 
tered into by the State with Brooks Brothers, for furnishing uni- 
forms and clothing for 12,000 New York volunteers, differ from 
the terms of the proposal made by said firm to furnish such uni- 
forms and clothing? If yea, state in what particulars, and give 
the names of all persons who advised such change of contract, 
and the reasons why the same was changed." 

Deponent would state, in reply thereto, that the records show 
that the Treasurer (while deponent was not present), reported to 
the Board that he had completed and signed a contract with 
Brooks Brothers for 12,000 uniforms, of a different style of cloth 
from that agreed to be furnished by their proposals, in conse- 
quence of there being a deficiency of the latter in market. De- 
ponent has no knowledge as to the persons who advised such 
change, nor the reason therefor, except as stated in the report of 
the Treasurer as above. 

The third interrogatory is as follows : " Have you at any time 
had any interest, direct or indirect, in the contract referred to in 
the last interrogatory ?" 

Deponent begs to state, in reply thereto, that neither in the 
contract referred to, nor in any other authorized by the Military 
Board, has he had the least interest, direct or indirect. 

Second re'ply to the fourth interrogatory, which is as follows : 
"Have you knowledge of any money, or other valuable thing, 
being paid, promised, or given to any person for aiding said 
Brooks Brothers to obtain an acceptance of their proposal, in- 
quired in the first interrogatory, or to procure the change of con- 
tract referred to in the second interrogatory, or the acceptance 
and delivery of uniforms and clothing under it ? If yea, state 
particularly such knowledge, and all matters relating thereto." 

This deponent says that he has no knowledge upon the subject. 
(Signed) D. R. FLOYD JONES. 

Sworn this 2d day of July, before me, 

(Signed) R. Campbell, Chairman. 



174 [Assembly 

State of New York, 



Albany County, ^ 

Robert Denniston, being duly sworn, doth depose and say, as 
follows : 

Q. State the terms and conditions of the proposal of Messrs, 
Brooks Brothers of the city of New York, to furnish uniforms and 
clothing for the New York volunteers, and whether or not the 
same was accepted. 

Jl. I have no knowledge of the same, except what appears in 
reference to such proposal in the minutes of the Military Board, 
having been absent upon the business of such Board in the city 
of New York, when such proposal was made and accepted. 

Q. Did the contract entered into by the State with Brooks 
Brothers for furnishing uniforms and clothing for 12,000 New 
York volunteers differ from the terms of the proposal made by 
said firm to furnish such uniforms and clothing? If yea, state in 
what particulars, and give the names of all persons who advised 
such change, and the reason why such change was made. 

A. I believe such contract was changed from the proposal ac- 
cepted. The State Treasurer was sent by order of the Board to 
New York city, to consult with the Assistant Quartermaster 
General Arthur and Major Patrick as to said contract. The 
Treasurer afterward reported that he had completed and signed 
a contract, and also reported the contract, and the same was ap- 
proved of by this Board ; the Attorney General being absent at 
such meeting. 

Q. Have you at any time had any interest, direct or indirect, 
in the contract referred to in the last interrogatory ? 

Jl. No. 

Q. Have you any knowledge of any money or (any) other valu- 
able thing being paid, promised, or given to any person for aid- 
ing said Brooks Brothers to obtain an acceptance of their propo- 
sal inquired about in the first interrogatory, or to procure the 
change of contract referred to in the second above interrogatory, 
or the acceptance and delivery of uniforms and clothing under it? 
If yea, state particularly such knowledge, and all matters relat- 
ing thereto. 

Jl. I have no knowledge of any money or other valuable thing- 
being paid, promised, or given for any such purpose. 

(Signed,) ROBERT DENNISTON. 

Subscribed and sworn before me, this 10th July, 1861, 
(Signed,) R. Campbell, Chairman. 



No. 15.] 175 

Interrogatories propounded to Charles G.Myers. 

First Interrogatory — State the terms and conditions of the pro- 
posal of Brooks Brothers, of the city of New York, to furnish 
uniforms and clothing for our New York volunteers, and whether 
or not the same was accepted. 

Secojid Interrogatory — Did the contract entered into by the 
State with Brooks Brothers for furnishing uniforms and clothing 
for 12,000 New York volunteers differ from the terms of the pro- 
posal made by said firm to furnish such uniforms and clothing ? 
If yea, state in what particulars, and give the names of all per- 
sons who advised such change of contract, and the reasons why 
the same was changed. 

Third Interrogatory — Have you at any time had any interest, 
direct or indirect, in the contract referred to in the last inter- 
rogatory ? 

Fourth Interrogatory — Have you knowledge of any money or 
other valuable thing being paid, promised, or given to any person 
for aiding said Brooks Brothers to obtain an acceptance of their 
proposal inquired about in the first interrogatory, or to procure 
the change of contract referred to in the second interrogatory, 
or the acceptance and delivery of uniforms and clothing under 
it ? " If yea, state particularly such knowledge, and all matters 
relating thereto. 

State of New York : 1 
Jilhany County^ ) 

Charles G. Myers, being duly sworn, doth depose and say as 
follows : 

To the first interrogatory hereto annexed : That he has no 
knowledge of the terms and conditions of the proposals of Messrs. 
Brooks Brothers referred to in such interrogatory, except such 
knowledge relating thereto as he derived from the minutes of the 
Military Board. 

To the second interrogatory he saith : That he has no knowl- 
edge upon the subject inquired about in such interrogatory, other 
than such as appears from the minutes of such Military Board ; 
that he was absent in Washington, in the discharge of duties as 
committee of said Military Board, at the time the contract re- 
ferred to was made with the Messrs. Brooks Brothers, and did 
not return to Albany until after the same had been approved of 
by said Board. 

To the third interrogatary he answers, No. 



1*76 [Assembly 

To the fourth interrogatory he says, That he has no knowledge 
of any money or other valuable thing being paid, promised, or 
given for any such purpose as is inquired about in this interrog- 
atory. 

(Signed) CHARLES G. MYERS. 

Subscribed and sworn before me, this 11th July, 1861, 
(Signed) R. Campbell, Chairman. 

Albany County, ss: 

Philip Dorsheimer, being called and sworn as a witness, deposed 
as follows, viz.: 

Q. State the terms and conditions of the proposals of Brooks 
Brothers of the city of New York, to furnish uniforms and cloth- 
ing for the New York volunteers, and whether or not the same 
were accepted ? 

J2. The proposals of Brooks Brothers were for 12,000 uniforms, 
to be made of army cloth, similar to that used in the army of the 
United States, and were accep^ted. 

Q. Did the contract entered into by Brooks Brothers for fur- 
nishing uniforms and clothing for 12,000 New York volunteers, 
differ from the terms of the proposal made by said firm to furnish 
such uniforms and clothing? If yea, state in what particulars, and 
give the names of all persons who advised such change of contract, 
and the reason why the same was changed. 

^. The contract did differ from the proposal. The cloth was 
changed to one of a different color and quality. The Inspector 
General, (Mr. Jackson,) the Judge Advocate, (Mr. Anthon,) the 
Assistant Quartermaster General, (Mr. Arthur,) and (as I was 
informed) Gen. Sandford, recommended the change, because the 
goods called for by the contract were not to be had, which, upon 
careful personal inquiry, I found was the fact. Before the change 
was definitely made in the contract, samples of the goods pro- 
posed to be substituted were submitted to the Military Board, 
with a statement of the facts, and the approval of the change, and 
the contract as changed was ratified by the Board. 

Q. Have you, at any time, had any interest, direct or indirect, 
in the contract referred to in the last interrogatory ? 

^. I have never had any interest, direct or indirect, in that 
contract, or in any other contract for goods furnished the volun- 
teers. 

Q. Have you knowledge of any money or other valuable thing 
being paid, promised, or given to any person for aiding said 



No. 15.] 177 

Brooks Brothers to obtain an acceptance of their proposal in- 
quired abont in the first interrogatory, or to procure the change 
of contract referred to in the second interrogatory, or the ac- 
ceptance and delivery of uniforms and clothing under it ? If yea, 
state particularly such knowledge and all matters relating thereto. 

A. I have no knowledge or information of any money or other 
valuable thing being paid or promised, or given, for aiding 
Brooks Brothers, either in obtaining the acceptance of their pro- 
posal, or in procuring the change in the contract referred to in 
the second interrogatory, or the acceptance and delivery of uni- 
forms and clothing under it. 

(Signed) P. DORSHEIMER. 

Read over, subscribed and sworn before me this 2d July, 1862, 
(Signed) R. Campbell, Chairman. 

State of New York, ( 

Albany County, \ 

Van R. Richmond, being called and sworn, testifies as follows : 

Q, State the terms and conditions of the proposal of Brooks 
Brothers, of the city of New York, to furnish uniforms and cloth- 
ing for the New York volunteers, and whether or not the same 
was accepted. 

A. Propositions were opened for 12,000 suits for volunteers, 
April 23, 1861. Governor Morgan, Treasurer Dorsheimer, and 
myself were appointed a committee to open the bids. The sam- 
ples upon which the proposals were based, were of army cloth ; 
the overcoat and pants of light blue, and the jacket of dark blue ; 
and samples were exhibited in the Quartermaster General's office ; 
the bid of Brooks Brothers was $20 per suit, and was awarded to 
them at $19.50 per suit; there were bids from other parties for 
a portion of the suits at a less price ; these parties were offered 
suits to the amount of their bids, but they refused to enter into 
contract on the ground that they could not furnish the array 
cloth. Mr. Freeman, the agent of Brooks Brothers, stated that 
they could furnish the suits within the required time from the 
army cloth, and representations were made that they had bought 
up all the army cloth in market. The work was awarded to 
Brooks Brothers in the belief that they were the only bidders 
who could complete the contract within the required time. 

Q. Did the contract, entered into by the State with Brooks 
Brothers, for furnishing uniforms and clothing for 12,000 New 

[Assem., No. 15.] 12 



178 [Assembly 

York volunteers, differ from the terms of the proposal made by- 
said firm to furnish said uniforms and clothing? If yea, state in 
what particular, and give the names of all persons who advised 
such change of contract, and the reason why- the same was 
changed. 

A. It did differ ; other than army cloth was substituted for a 
portion of the suits ; I was absent from Albany, in consequence 
of sickness and death in my family, until the 30th of April, and 
consequently^ had no personal knowledge of the circumstances 
controlling the said change ; at a meeting of the Military Board, 
held on the 1st of May, Treasurer Dorsheimer submitted for the 
approval of the Board a written contract with Brooks Brothers, 
signed by him under date of April 26 ; at the time this contract 
was submitted, Mr. Dorsheimer stated to the Board that it was 
"all right;" my attention was not called then to any samples, 
neither was I aware that any samples of cloth were attached to 
the contract ; I understood the change to be for the reason that 
army cloth could not be had, and consented to it in the belief 
that the State was to receive at least as good, if not a better 
article than the army cloth. 

Q. Have you at any time had any interest, direct or indirect, 
in the contract referred to in the last interrogatory ? 

A. I have not. 

Q. Have you any knowledge of any money, or other valuable 
thing, being paid, promised, or given to any person, for aiding 
said Brooks Brothers to obtain an acceptance of their proposal, 
inquired about in the first interrogatory, or to procure the change 
of contract referred to in the second interrogatory, or the accept- 
ance and delivery of uniforms and clothing under it? If yea, 
state particularly such knowledge, and all matters relating 
thereto. 

A. I have no knowledge whatever of anything of the kind, 
(Signed) VAN R. RICHMOND. 

Read over, subscribed and sworn before me, this 3d July, 1861, 
(Signed) R. Campbell, Chairman. 

Articles of agreement, made and entered into this twenty-sixth 
day of April, one thousand eight hundred and sixty-one, between 
the people of the State of New York, parties of the first part, 
and Daniel H. Brooks, John Brooks, Elisha Brooks, and Edward 
S. Brooks, composing the firm of Brooks Brothers, of the city of 



No. 15.] 179 

New York, parties of tlie second part, witnessing : That the said 
party of the first part and the said party of the second part, for 
themselves, their executors and administrators, have covenanted 
and agreed, and by these presents do covenant and agree, to and 
with each other, as follows, to wit : 

First : That the said parties of the second part shall furnish, 
manufacture, and deliver at such places in the State of New 
York as the Quartermaster General of said State shall designate, 
the following articles of clothing, at the times and of the quality 
and description hereinafter designated, namely: 2,600 dark-blue 
kersey jackets, indigo blue, and all wool, of which 1,000 shall be 
furnished on or before May 4, 1861, and 1,600 thereof on or be- 
fore May 12, 1861, of which said blue kersey a sample is here- 
unto attached, marked " Brooks Brothers sample No. 1." Also, 
2,100 dark-blue felt jackets, all wool, indigo blue, on or before 
May 12, 1861, of which said felt a sample is hereunto annexed, 
marked "Brooks Bro's., sample No. 8;" also, 7,300 gray jackets, 
of cadet mixed satinet, to be delivered one-half thereof May 4, 
1861, and one-half thereof May 12, 1861, of which said gray sati- 
net a sample is hereunto annexed, marked "Brooks Bros., sample 
No. 3;" also, 1,000 dark-blue kersey trowsers, indigo blue, all 
wool, to be delivered May 4, 1861, and 1,400 to be delivered May 
12, 1861, of which said kersey a sample is hereunto annexed, 
marked "Brooks Bros., sample No. 1." 

Also, 2,400 light-blue army kersey trowsers, indigo blue, all 
wool, to be delivered on or before May 18, 1861, of which said 
kersey a sample is hereunto annexed, marked " Brooks Bros., 
sample No. 7." 

Also, seven thousand two hundred gray cadet mixed satinet 
trowsers, to be delivered one-third May 12, 1861, one-third May 
4, 1861, and one-third May 18, 1861, of which said satinet a 
sample is hereunto annexed, marked " Brooks Bros., sample No. 3." 

Also, four thousand brown mixed overcoats, all wool, to be de- 
livered fifteen hundred on the 4th day of May, 1861, fifteen hun- 
dred on the 12th day of May, 1861, and one thousand on the 
18th day of May, 1861, of which said cloth a sample is hereunto 
annexed, marked " Brooks Bros., sample No. 4." 

Also, sixteen hundred blue petersham overcoats, all wool, in- 
digo blue, to be delivered May 18, 1861, of which said petersham 
a sample is hereunto annexed, marked " Brooks Bros., sample 
No. 5." 



180 [Assembly 

Also, two thousand mixed kersey overcoats, all wool, to be 
delivered May 4, 1861, of which said kersey a sample is here- 
unto annexed, marked " Brooks Bros., sample No. 2." 

Also, four thousand four hundred cadet doeskin overcoats, all 
wool, to be delivered one-half May 12, 1861, and one-half May 
18, 1861, of which said doeskin a sample is hereunto annexed, 
marked " Brooks Bros., sample No. 6." 

Second. The said jackets, overcoats and trowsers shall be well 
and properly cut and made, and shall be strongly and thoroughly 
sewed and stitched, and shall be of four sizes, and all the mate- 
rials shall be of the best quality of their respective kinds, and 
they shall be made according to shape and form, according to 
certain patterns heretofore delivered by the parties of the second 
part unto the party of the first part, and marked A, B and C. 

Third. That said jackets, trowsers and overcoats shall have the 
proper number of buttons, which shall be of the pattern and ma- 
terial prescribed by the General Regulations of the State of New 
York for privates. 

Fourth. The party of the first part shall have power to reject 
any article of an inferior character to what is above stipulated ; 
and the said party of the second part shall thereupon forthwith 
furnish other articles of proper character in place thereof, or in 
default thereof the party of the first part shall have power to 
supply the deficiency by purchase, and the said party of the 
second part shall be charged with the difference of cost. 

Fifth. Time is hereby declared to be of the essence of this con- 
tract. And in case the said parties of the second part shall not 
deliver said articles at the times hereinbefore specified, the party 
of the first part shall have power to supply the deficiency by pur- 
chase ; and the said party of the second part shall thereupon be 
chargeable with any difference of price, and any damages which 
may thereupon ensue ; and the said party of the first part shall 
Lave power to retain from the sum hereinafter stipulated to be 
paid to the parties of the second part, such sums as may be nec- 
essary to indemnify said party of the first part in the premises. 

Sixth. The said party of the first part hereby agree to pay to 
the said parties of the second part, at the rate of $19.50 for each 
suit consisting of trowsers, jacket and overcoat, 75 per cent. 
thereof to be paid upon the delivery to and acceptance of the 
same by the inspecting officer of the party of the first part, and 
the remaining 25 per cent, to be paid when the terms of this con- 



No. 15.] 181 

tract shall have been fully carried out and complied with by the 
party of the second part; payments to be made in sums of $"50,- 
000 and upwards, as said goods are delivered. 

Seventh. It is hereby expressly stipulated and agreed that until 
said goods shall be delivered and received by the party of the 
first part, that they shall be in all respects at the risk of the 
party of the second part. 

In witness whereof, the parties to these presents have hereunto 
set their hands and seals the day and year first above written. 

P. DORSHEIMER, Treasuer. [Seal,] 
DAN'L H. BROOKS, [Seal.] 

JOHN BROOKS, [Seal.] 

ELISHA BROOKS, [Seal.] 

EDWARD S. BROOKS, [Seal.] 

Sealed and delivered in presence of 

Wm. Henry Anthon. 

William Jf. Jackson, of the city of Albany, being called and 
sworn, testified as follows : — I am now colonel of the 18th regi- 
ment of the volunteer militia of the State of New York, and was, 
on the 26th day of April last, Inspector General of said State. 
" That on the 26th day of April last I was in the city of New 
York, engaged in the discharge of my duties as such Inspector 
General, and as such called upon Brooks Brothers, of New York, 
to ascertain whether they were prepared to furnish the uniforms 
for the volunteer militia, according to the terms of a proposal 
they had made for that purpose ; I was present at the time when 
the proposals for furnishing said uniforms were opened in the 
city of Albany — the contract therefor awarded ; I remember that 
Mr. Freeman, the agent of Brooks Brothers, there represented to 
the coramitree appointed to open the proposals for said uniforms, 
that the firm of Brooks Brothers had and could procure cloth 
sufficient to make said uniforms, and that other responsible houses 
declined to put in proposals for furnishing said uniforms, upon 
the ground that a sufficient quanity of army cloth could not be 
obtained in twenty days in market to fulfill the contract for such 
uniforms ; that in consequence of the representations of said 
Freeman, the agent of said Brooks Brothers, the proposal of 
said firm was accepted ; that afterward, on or about the 2oth 
day of April last, I was in the city of New York, called at the 
house of Brooks Brothers to ascertain whether they werej)repared 



182 [Assembly 

to enter into a contract to furnish said uniforms according 
to their proposal ; that I then learned that they could not obtain 
a sufficient quantity of army cloth to make said uniforms ; that 
fears were then entertained that the city of Washington would 
be taken by the rebels, and both the general and State govern- 
ments were desirous that a portion of the volunteer militia of 
this State should be uniformed and sent to Washington with as 
little delay as possible ; that, after consulting with various pro- 
minent citizens, it was thought advisable to substitute other 
cloth for such uniforms in place of the army cloth specified in 
the proposals of Brooks Brothers; and, in connection with Gen. 
Arthur, we examined the samples of cloths of Brooks Brothers, 
and selected those we deemed most suitable for such uniforms ; 
and Gen, Anthon prepared a contract for furnishing such uni- 
forms, and the same was signed by the members of said firm of 
Brooks Brothers, and by Mr. Dorsheimer in behalf of the State ; 
I remember that Mr. Brooks represented to us that some of the 
cloths of which he furnished samples would cost tlieto more than 
the army cloth provided for in their proposals ; that I don't know 
of any person being paid any sums of money to procure said con- 
tract, or a change of such contract ; that my sole reason for 
advising such change was to procure sach uniforms within the 
time provided for in the contract ; that this deponent has seen 
various uniforms furnished by said Brooks Brothers to regiments 
at Elmira under their contract, and that, in the opinion of wit- 
ness, such uniforms are made of inferior cloth to any of the sam- 
ples selected ; these samples, after Gen. Anthon and myself had 
selected them, were shown to Mr. Dorsheimer, and he approved 
the same. 

(Signed,) WILLIAM A. JACKSON. 

Taken, subscribed, and sworn before 
me, this 15th June, 1861, 

(Signed) R. Campbell, Chairmaji. 

William, H. Anthon^ of the city and county of New York, Judge 
Advocate General of said State, being duly sworn, testified as. 
follows, viz: On the 25th day of April, 1861, Inspector General 
Jackson called at my office, in the city of New York, and re- 
quested me to go with him to the store of Messrs. Brooks Broth- 
ers, to draw a contract for the furnishing of uniforms for the 
New York State volunteers ; when I arrived at the store of 



No. 15.] 183 

Messrs. Brooks, I found General Jackson there, in company with 
several of the firm of Brooks Brothers, inspecting samples of 
cloth ; the Messrs. Brooks stated that they had sent all over the 
city to obtain army cloth of the character decided upon by the 
State Board, but could only obtain sufficient for three regiments, 
and that the samples of other cloths which they exhibited could 
be obtained in sufficient quantities, and that they were willing to 
make the uniforms of these cloths, although it would be a loss to 
themselves, as they were more expensive than those selected 
by the Board ; I am not an expert in regard to cloths, but the 
samples were fresh, new and strong, and seemed to mo to be in 
every way suitable for the purpose : I did not, however, feel my- 
self qualified to express an opinion upon this point as an expert ; 
I suggested to the Inspector General that it would be well to 
telegraph to other cities in order to learn whether the requisite 
supply of army blue cloth, of the character selected by the 
Board, could not be thence obtained ; the Messrs. Brooks stated 
that they had done so, and that, owing to the immense demand 
for this material, the stock had been completely exhausted ; that 
the mills both here and elsewhere were running night and day. 
but that it would delay the execution of the contract at least 
one month, unless other cloth was selected ; the conversation 
upon this subject lasted about one hour, and was interrupted by 
a messenger, who came to say that the agents of other States (I 
think Ohio and Pennsylvania were the States named) wanted tlie 
goods of which the Messrs. Brooks were showing us the samples, 
and that a decision must be made at once, or else they would be 
sold. The Messrs. Brooks stated that if these goods were sold, 
they knew not where they should find others suitable for uni- 
forms ; I advised Inspector General Jackson to telegraph to 
Albany for the opinion of the State Board upon the subject ; he 
answered that he had already done so, but had received no an- 
swer, although his despatch had been sent more than three hours 
before. The Messrs. Brooks seemed very anxious to have the 
matter settled, lest they should lose the goods, and sent a person 
to the stores of the merchants to request them to make no sale 
to any other parties ; the answer came back that they refused to 
hold the goods for them any longer ; General Jackson said that 
he approved highly of the samples, and was willing to make the 
change upon the representations made by the Messrs. Brooks as 
to the quality of the articles, and asked me whether I thought 



184 [Assembly 

he was justified in taking the responsibility in consideration of 
the peculiar circumstances, namely, the great scarcity of goods 
suitable for military purposes, the danger of losing the only suit- 
able goods in the market, and the pressing necessity for uniform- 
ing the troops without delay. I told him that I thought the 
circumstances would justify him, but it would be as well to defer 
the execution of the contract until the evening in the hope of 
hearing from Albany. This was done, the owners of the goods 
being informed by the Messrs. Brooks, as I understood, that they 
would without doubt be accepted. In the meantime a telegraph 
was received from Albany ordering that nothing further should 
be done about the contracts, and stating that Mr. Dorsheimer 
would come down by the train ; he arrived at lO^P. M. At that 
hour General Jackson, Messrs. Brooks and myself met Mr. Dor- 
sheimer at the Astor House, and the samples were submitted to 
him for examination, and the same statements as to the excel- 
lence of the fabric were made to him by Messrs. Brooks as 
had been previously made to us. Mr. Dorsheimer took time to 
consider, and left the Astor House in order to make inquiries as 
to the stock of goods suitable for military purposes in the city. 
When he returned he instructed me to draw a contract with the 
Messrs. Brooks, to be signed by him on the part of the State, 
and to be particular to have the samples carefully designated, 
so that there should be no mistake. I drew the contract and 
duplicate, and attached the samples, and the next day the con- 
tract was duly executed. I have seen the gray cloth of which 
the uniforms of Cols. Quimby and Walrath regiments are made, 
during my recent visit, upon official business, to the city of 
Washington. The cloth of which these uniforms are made is rot- 
ten, and may easily be torn with the fingers. It is not like the 
sample cloth, which is strong and cannot be so torn. The shade 
of color, also, is different, having a rusty and faded appearance ; 
I have conversed with army officers and other gentlemen of ex- 
perience at Washington, and have learned from them that cloths 
do become rotten from age, and from being kept in improper 
places ; that this is frequently the case with the cloth used in 
the army, and that the utmost care is necessary, on the part of 
inspecting officers, as the appearance of the defective article is 
very nearly the same as that of the good article, the difference in 
appearance consisting in a rusty and faded look about the color 
which might not be detected by any except a practiced eye, and 



No. 15.] 185 

that a good inspector would detect it at a glance, and throw out 
such goods at once. 

(Signed) WM. HENRY ANTHON. 

Taken, subscribed and sworn before ) 
me, this 19th June, 1861, ) 

(Signed) R. Campbell, Chairman. 

Elisha Brooks, of New York, one of the firm of Brooks Bro- 
thers, of said city, a witness, called and sworn, testified as fol- 
lows, viz : 

The firm of Brooks Brothers, No. 468 Broadway, is composed 
of the following persons, namely, Daniel H. Brooks, John Brooks, 
Edward L. Brooks, and myself. Our firm made proposals to the 
State Military Board of State Officers for manufacturing 12,000 
uniforms for the volunteer militia of the State. 

Q. Was any other person directly or indirectly interested in 
such proposal ? 

A. No ; not to my knowledge. 

Q. Who was your agent to make such proposals ? 

A. Mr. Robert Freeman ; he went to Albany for that purpose. 

Q. By your proposals were the uniforms to be made of army 
cloth, such as is used in the United States army ? 

A. When the proposals were given, I think they were ; our 
proposals were accepted to make such uniforms at $19.50 a suit. 

Q. Who first proposed a change of the material out of which 
such uniforms were to be manufactured ? 

A. I do not know. 

Q. Was any person or persons employed by you or your firm, 
to your knowledge, information or belief, to procure a change of 
the material out of which such uniforms were to be manufac- 
tured ? 

A. No. 

Q. Have you or your firm, to your knowledge, information or 
belief, paid or agreed to pay any person or persons any sum of 
money, or other valuable consideration, upon condition that you 
were allowed to make up such uniforms out of other cloth than 
army cloth? 

A. No. 

Q. Have your firm paid or agreed to pay, to your knowledge, 
information or belief, any money or percentage upon the amount 
of such contract, to any person or persons, for any services ren- 



186 [Assembly 

dered by any person, in procuring said contract, or in procuring 
a change in said contract ? 

A. No. 

Q, Have you, or your firm, paid or given any money or other 
valuable thing to any State ofiicer or agent, for any service ren- 
dered you or your firm in relation to such contract ? 

A. No, not to my knowledge ; and I have never heard of any 
money being paid or promised, or any gift being made for such 
purpose. 

Q. Why was such contract changed from your proposal as 
accepted, and by whom was such change made ? 

A. It was changed from necessity, because we could not find 
the army cloth ; such cloth was not to be obtained in the mar- 
ket ; we solicited an extension of the time in which to complete 
the contract, to enable us to obtain the army cloth ; the State 
Committee was unwilling to extend the time for completing the 
contract; the contract was made at the particular time when 
there was much excitement aboat the abandonment of Fort Sum- 
ter, and the danger of Washington being taken by the rebels, 
and the State officers were unwilling to postpone the execution 
of the contract, fearing that such delay would not be approved 
by the country. We then told them to select such cloths as 
could be obtained in market, and we would make up the uniforms 
within the time specified in the contract ; I recollect that Gene- 
ral Jackson (now Col. Jackson) and General Anthon called upon 
us about changing the contract, and examined our cloths to 
ascertain what cloth, other than army cloth, we had that was 
suitable ; they were here about the execution of the contract. 
Thurlow Weed alse called upon us, and said we must have 2,000 
suits or uniforms within a week's time, and he advised a change 
of contract as to the material ; he said, rather than not have 
them made within a week, he would advise the taking of any 
suitable cloth for the uniforms. Messrs. Jackson and Anthon 
thought the gray cloth the most suitable for uniforms, if the 
army cloth was not used and said it would suit the soldiers. 
Mr. Dorsheimer came to our store the same afternoon, and Messrs. 
Jackson, Anthon and ourselves showed him the samples of cloth 
selected by them for the uniforms, and he approved of the sam- 
ples, but said little about the change. I do not recollect as I 
talked with any other person about the change of the contract ; 
when we made the proposals we supposed we could obtain the 



No. 15.] 18Y 

army cloth for the uniforms, but soon after ascertained we were 
mistaken, and we desired to substitute such cloth as was accep- 
table to the State authorities. I do not know that I could say 
that I remember any other fact about the change of our contract 
except that the contract was prepared by General Anthon, and 
was signed by the members of our firm, and by the Hon. P. Dor- 
sheimer on behalf of the State. 

Q. Were the uniforms made, and if so, of what kind of cloth ? 

A. The uniforms were made, some of army cloth, some of pe- 
tersham, some of satinet, some of felt cloth, and some of mixed 
cassimere, and some of mixed coating. 

Q. Who inspected the clothing, and when was the same in- 
spected ? State whether each garment was inspected, and whether 
each of the inspectors selected were present. 

A. Wilson G. Hunt, George Opdyke, Charles Buckingham and 
John Gray were the inspectors ; they were selected, as I am in- 
formed, by Gen. Arthur ; as soon as we got a lot of uniforms 
ready we would send for the inspectors, and they would come and 
inspect them and compare them with the samples ; I should think 
they did not inspect each garment ; whenever there was an in- 
spection the inspectors were all present, so far as I can recollect. 

Q. Did the inspectors se6 to the boxing of the uniforms ? 

A, They did not see the uniforms put in the boxes ; they 
trusted us to do that. 

Q. Were such inspectors, or either of them, directly or indi- 
rectly, in any way or manner, interested in such contract, to 
your knowledge, information or belief? 

A. They were not. 

Q. Did you or your firm purchase any of the cloth used in the 
uniforms from either of the inspectors referred to? 

A. No. 

Q. Did you or your firm purchase any of the garments used to 
complete your contract of any other person or persons ? 

A. No ; we made all the garments, or caused them to be made 
out of cloth we furnished. 

Q. What prices did you pay for making such uniform ? 

A. We paid $1.50 for making the overcoats, 3 shillings for ma- 
king the jackets, and 4 shillings for making the pantaloons ; we 
gave 11 shillings for cutting and making some of the jackets, 
3,052 of same, and we gave 50 cents for making 4,445 trowsers, 
and 10 per cent upon the cost of the goods. 



188 [Assembly 

Q. Were any of these garments purchased at auction, and made 
up when purchased ? 

A. No, not to my knowledge. 

Q. How much money did you make or save by the change of 
contract as to the quality of the cloth used? 

A. I cannot answer how much ; I have never made a calcu- 
lation. 

Q. Will you not make such a calculation ? 

A. I cannot, without much trouble. 

Q. Please make such a calculation. 
^ A. I think I cannot ascertain the difference without spending 
more time than I can now devote to that purpose. 

ELISHA BROOKS. 

Subscribed and sworn before me, the 12th June, 1861, 

Robert Campbell, Chah-man. 

John Brooks, one of the firm of the Brooks Brothers, being 
duly sworn, testified as follows, viz : Our firm made proposals for 
furnishing 12,000 uniforms for the volunteer militia of the State 
of New York. 

Q. Is any other person than the members of the firm of Brooks 
Brothers interested in the contract you made to furnish such uni- 
form, or in the profits of such contract ? 

A. Not to my knowledge. 

Q. Have you or your firm, or any member of it, or any other 
person in your behalf, paid, or agreed to pay, or give any money, 
or other valuable thing, to procure such contract, or a change of 
such contract, from the terms of your proposal ? 

A. Not to my knowledge. 

Q. Have you heard of any money or other thing being paid or 
given for such purpose ? 

A. No. 

Q. Did you solicit any person to aid you in bringing about 
such a change of your contract ? 

A. No. 

Q. Why w^as such contract changed, and by whom was such 
change made, and by w^hose authority? 

A. The contract was changed from the necessity of the case; 
the army cloth provided for in the proposal, was not to be had in 
the market, and we could not fulfil the contract ; the State autho- 
rities and the entire people of the Northern States were fearful 



No. 15.] 189 

that Wasliington was to be taken by the rebels, and both the 
States and national governments Avere anxious that our State 
troops should be equipped and go forward as soon as possible ; 
our firm endeavored to get an extension of the time for complete- 
ing our contract, but the State authorities were unwilling to 
extend it ; it was then suggested that we should use other than 
army cloth for such uniforms, and we negotiated for a change of 
the cloth to be used with Col. Jackson and Gen. Authon, and they 
selected the cloths to be used ; Mr. Dorsheimer was present a 
part of the time while such negotiations were going on, and he 
finally assented to the change, and the contract was prepared 
and signed ; I do not remember any other person, than those I 
have named, wlio were concerned in negotiating the change of 
our contract ; I was present only a part of the time while the 
uniforms were being inspected ; our firm did not purchase any of 
the cloth used in these uniforms of either of the inspectors, nor 
have either of such inspectors any interest in the contract or in 
the profits of the same. 

(Signed) JOHN BROOKS. 

Subscribed and sAvorn before me, ? 
this 13th of June, 1861, ) 

(Signed,) R. Campbell, Chairman. 

Edward S. Brooks, being duly sworn, testified as follows, viz : 
I am a member of the firm of Brooks Brothers, of the city of 
New York. 

Q. Is any person, other than the members of said firm, in any 
way or manner interested in the contract made by such firm to 
furnish uniforms for the volunteer militia of this State, or in the 
profits growing out of such contract ? 

A. Not to my knowledge, 

Q. Have your said firm, or any member of it, or any person or 
persons in behalf of your said firm, paid, or agreed to pay, or 
give any money or other valuable thing to procure said contract, 
or a change of such contract by substituting other than army 
cloth for the 12,000 uniforms contracted to be furnished by said 
firm ? 

A. No, not to my knowledge. 

Q. Did you, or any member or agent of the firm of Brooks 
Brothers, solicit any person or persons to aid you in procuring a 
change of the contract referred to in the previous interrogatory ? 

A. No, not to my knowledge. 



190 [Assembly 

Q. Did you superintend the manufacture or inspection of any 
of the uniforms inquired about in the previous interrogatories? 
A. I superintended the cutting and manufacturing of most of 
the uniforms, but did not attend to the inspection of them, but 
was present occasionally at the inspection. I did not superintend 
the boxing of the uniforms. 

EDWARD S. BROOKS. 
Taken, subscribed, and sworn before me, ) 
this 13th June, 1861, \ 

R, Campbell, Chairman. 

Daniel H. Brooks, of the city of New York, being duly sworn, 
testified as follows : I am a member of the firm of Brooks Broth- 
ers, No. 468 Broadway. 

Q. Is any person other than the members of the said firm of 
Brooks Brothers in any way or manner interested in the contract 
made by said firm to furnish uniforms for the volunteer militia 
of this State, or in the profits of such contract? 

A. No other person than the members of the firm and three of 
our clerks, who receive a share of the profits of our business as 
their salary. 

Q. Has your firm, or any member of it, or any person or per- 
sons in behalf of your firm, paid, or agreed to pay or give, any 
money or other valuable thing to procure said contract, or a 
change of said contract, by substituting other cloth than that re- 
ferred to in the proposal made by said firm at the time of receiv- 
ing proposal for said uniforms ? 

A. No, not to my knowledge or belief. 

Q. Did you, or any agent or member of the firm of Brooks 
Brothers, solicit any person or persons to aid you in procuring a 
change of such contract ? 

A. No, not to my knowledge. 

Q. Did you take charge of the manufacturing and inspection or 
delivery of the uniforms ? 

A. I was not charged with any duties in relation to this con- 
tract, or its execution, except in purchasing some army cloth be. 
fore the contract was signed ; and since have not taken any 
active part in its execution. 

DAN'L H. BROOKS. 
Taken, subscribed and sworn before me, 
this 13th June, 1861, 

R. Campbell, Chairman. 



No. 15.J 191 

George H. Moseman^ a witness, produced, sworn and examined, 
testified as follows : I am a clerk in the employ of Brooks 
Brothers, No. 468 Broadway, New York, and had charge of the 
inspection and packing of the uniforms furnished by Brooks Bro- 
thers for the volunteer militia of this State ; the uniforms were 
received in a room in the basement of the store, and left there 
until inspected. 

Q. Were all the inspectors present when the goods were in- 
spected ? 

A. I think they were. 

Q. How many garments did they inspect in each lot ? 

A. I don't know as I could tell ; they did not examine every 
garment, but examined each lot or pile pretty thoroughly; they 
were in piles, and they turned over the piles and examined some 
of the garments in each pile. 

Q, Did the inspectors see to the boxing of the uniforms ? 

A. No. 

Q. Did you? 

A. Yes ; I put up in boxes only such uniforms as had been in- 
spected as I have related above. 

GEORGE H. MOSEMAN. 
Taken, subscribed and sworn before ? 
me, this 13th June, 1861, \ 

R. Campbell, Chairman. 

Robert Freeman, being duly sworn, testifies as follows : I reside 
in the city of New York, and am in the employ of Brooks Bro- 
thers, as a salesman ; as their agent I went to Albany to make a 
proposal for the firm of Brooks Brothers to furnish 12,000 uni- 
forms for the volunteer militia of the State ; the uniforms, by 
the terms of such proposal, were to be of army cloth ; I did not 
inform the Military Board that Brooks Brothers had army cloth 
sufficient to fulfill the contract; we then had a quantity of army 
cloth on hand ; I do not know that any other person than Brooks 
Brothers was interested in the contract, or the profits of the 
same. 

Q. Do you know why the contract was not executed upon the 
basis of your proposal ? 

A. We ascertained that sufficient army cloth could not be pro- 
cured to enable Brooks Brothers to fulfill the contract within the 
time stipulated (twenty days) and we proposed a change of con- 



192 ] Assembly 

tract to Col. Jackson, Mr. Dorsheimer, and Gen. Anthon ; Gen. 
Autlion drew up the contract : Mr. Weed came here the same 
day ; inquired about the suits to be made under our proposal ; he 
remarked to me that he wanted Allen's and Wilson's regiments 
equipped and sent off; he said they were expensive, and must be 
sent off, and get the General Government to assume the expense 
of supporting those regiments ; I was present a part of the time 
while the goods were being inspected by Messrs. Opdyke, Hunt, 
and others ; I did not see to packing the goods ; another clerk 
had charge of packing, viz: George Moseman. 

ROBERT FREEMAN. 
Taken, subscribed and sworn before ? 
me, this 13th June, 1861, | 

Robert Campbell, Chairmcm. 

Copy of Certificate of hispectors furnished to Brooks Brothers. 
State or New York, Quartermaster Gen's Dep't, 
New York, May 11, 1861. 
Contents : We do hereby certify that the uniforms contained 
in this box have been by us inspected and approved. 

(Signed) WILSON G. HUNT, 

JOHN GRAY, 
GEORGE OPDYKE, 
C. BUCKINGHAM. 

Depositions of witnesses, taken before Robert Campbell and Van 
Rensselaer Richmond, a committee appointed at a meeting of 
the Board of State Officers, named in an act entitled " An act 
to authorize the embodying and equipment of a volunteer 
militia and to provide for the public defence," passed April 
16, 1861, held on the 28th day of May, 1861, a copy of the 
resolutions of said Board appointing such committee being 
hereto annexed : 

Charles C. B. Walker, of the village of Corning, in the county 
of Steuben, being called, produced and sworn as a witness, testi- 
fied as follows ; I am, and have been since the 22d April last, 
Assistant Quartermaster General at the rendezvous at Elmira, 
Chemung county ; that as such Quartermaster General I received 
from Brooks Brothers, of New York, 92 boxes containing uniforms 
for the volunteer militia of the State of Mew York, containing, 
as ascertained by actual count, 2,998 overcoats, 2,992 trowsers, 
2,986 jackets, being a less nunber of uniforms than were receipted 



No. 15.] 193 

by me to Brooks Brothers, and whicli were receipted from the 
numbers marked upon the boxes ; that each of said boxes con- 
tained labels of a similar character to the one hereto annexed, 
marked " Exhibit A; " that this deponent issued said uniforms to 
Col. Quimby's regiment of New York volunteer militia, being 
regiment No. 13; that such uniforms were of the quality and 
kind furnished this committee and labeled by this deponent ; that 
Col. Clark's regiment, being regiment No. 19, were furnished with 
the same kind and quality of uniforms as those furnished regi- 
ment No. 13 ; that Col. Walrath's regiment, No. 12, were furnished 
by me with similar uniforms to those furnished by me to the com- 
mittee, except the overcoats, which were of rather better quality; 
that Col. Christian's regiment. No. 26, were furnished by me with 
similar uniforms to those furnished by me to the committee and 
taken this day from privates in said regiment ; that said garments 
were badly cut, and of unsuitable sizes and shapes, poorly sewed, 
and many of them would become unfit for use upon being worn 
not over a week ; that some of the garments received from Brooks 
Brothers were without buttons, some had the buttons broken ofiF, 
some of said garments so badly made that they soon would rip 
open on such garments being first tried on; that the uniforms 
received from Brooks Brothers as aforesaid were of some six or 
seven diiFerent shades of colors ; that the jackets and trowsers 
were of three or four diiferent shades, and the overcoats of two ; 
that deponent has been for man}'' years engaged in business at 
Corning, Steuben county, as a merchant, and knows the quality 
and value of such clothing; that, in his opinion, the fair value 
of each suit or uniform received from the Brooks Brothers as 
aforesaid, consisting of an overcoat, jacket and trowsers, would 
not exceed ten dollars. 

C. C. B. WALKER, 
Assistant Quartermaster General. 

Read over and subscribed, and sworn before me, ? 
this 10th of June, 1861, \ 

R. Campbell, Chairman. 

Richard H. Richardson, lieutenant colonel of the 26th regiment 
of the volunteer militia of the State of New York, located at the 
present time at the rendezvous at Elmira, being produced, sworn 
and examined, testified as follows : I have been at this rendex- 
vous since the 2d of May last ; that I have seen and examined 

[Assem. No. 15.j 13 



194 [Assembly 

closely all the overcoats, jackets, and trowsers furnished the 
privates of said regiment ; and said jackets and trowsers are all 
made of a kind of cloth known as shoddy, or the poorest quality 
of satinet, and most of the overcoats furnished the privates of 
such regiment are also of the same quality of cloth ; that said 
overcoats, jackets, and trowsers are of the same quality and de- 
scription as those given to this committee, and marked as sam- 
ples of uniform upon soldiers at Elmira ; that many of said gar- 
ments were unfit for use when given to the soldiers in said regi- 
ment ; that the buttons upon most of the garments were of a poor 
quality, badly sewed on, and would frequently break off, or come 
off upon being used a day or two; that the pockets in the jack- 
ets were defectively made, and said uniforms were generally 
badly sewed and made up ; that they were also badly cut, and 
were of unsuitable sizes and shapes; that this deponent has been 
for several years engaged as a clerk in a large clothing establish- 
ment, and knows the value of cloth and clothing ; that in the 
opinion of this deponent, said uniform, consisting of overcoat, 
jacket, and trowsers, would not cost or be worth more than the 
sum of nine dollars and fifty cents; that this deponent regards 
one of the said overcoats as worth four dollars and fifty cents, 
one of said jackets as Avortli three dollars, and one of said trows- 
ers as worth two dollars ; that he regards the above price as the 
full value or worth of said goods ; that this deponent saw the 
uniforms furnished Col. Quimby's regiment when at Elmira, and 
that most of said uniforms were of a similar quality and material 
to those given to regiment No. 26; that this deponent thinks the 
jackets given to Col. Quimby's regiment were of a better quality 
than the jackets furnished to regiment No. 26, but the overcoats 
not as good. 

(Signed) RICHARD H. RICHARDSON, 

Lieut. Cot. 2Qtk Reg't JY. Y. V. 
Read over and subscribed, and sworn before me, ) 
this 10th June, 1861, 5 

(Signed) R. Campbell, Chair-nian. 

James L. Graham, of the city of Syracuse, lieutenant colonel of 
the 12th regiment of the volunteer militia of the State of New 
York, being sworn, testified as follows : — The said 1 2th regiment 
was quartered at the rendezvous at Elmira, and uniformed and 
mustered into the service of the United States at that place; that 
all the jackets and trowsers furnished the volunteers of said 



No. 15.] 195 

regiment by the Acting Quartermaster General at Elmira, were 
of the same quality of goods, viz : a poor quality of what is called 
shoddy cloth, of a gray color ; that they were badly made and 
badly cut, and even too large for most of the men in said regi- 
ment ; that said garments would come to pieces, and rip open, 
upon being worn a few days ; that said pants were frequently of 
a different shade or appearance, and the cloth of most was so 
rotten as to be unfit for use after being worn a few weeks ; that 
the pockets in the jackets and pantaloons were badly made, and 
the buttons poor and badly sewed on, and the button-holes badly 
worked — some not worked at all ; that some of said jackets and 
pantaloons would rip or tear open the first time they were used, 
and the buttons would come off many of the jackets ; that the 
overcoats furnished said regiment were partly of a better quality 
of cloth, and a part of the same quality of cloth as the jackets, 
and were badly made, and soon became unfit for use ; tliat said 
regiment is now stationed at Washington, and that the uniforms 
furnished said regiment are now so poor and ragged as to be 
unfit for use, and the soldiers have to spend more or less time 
every day in mending their clothes, 

(Signed) JAMES L. GRAHAM, 

Lieut. Col. IWi Regt. JV*. F. V. 
Subscribed and sworn before me, 
this 26th June, 1861, 

E,. Campbell, Chairman. 

The Governor presented the following communication : 

STATE OF NEW YORK: 

Executive Department, ) 

Albany, July 11, 1861. \ 
To the Military Board : 

Gentlemen — Since the last meeting of the Board, I have en- 
gaged Palmer V. Kellogg to manufacture, of same quality and 
on the same terms as the last purchased from him, viz., at five 
dollars each for jackets, and three dollars and fifty cents each 
per pair for pants ; and to be delivered at Albany this day 339 
jackets, and 265 pants, being, with those on hand in military 
storehouse in this city, the number required to furnish complete 
the regiment commanded by Col. Quimby. 

It having become necessary, also, to procure uniforms for euch 
others of our troops as had been supplied by those of inferior 
quality under the contract made and still unsettled with Brooks 



196 [Assembly 

Brothers, with the knowledge and the approval of the special 
committee upon the Brooks contract, I proceeded to New York 
on Monday last, and after consultation, Messrs. Brooks Brothers 
agreed to deliver to the Quartermaster at New York, of best 
quality army cloth, to be made also in the best manner, twenty- 
three hundred and fifty each overcoats, jackets, and pants, the 
jackets and pants to be delivered in two weeks. Such twenty- 
three hundred and fifty suits being to supply the place of inferior 
ones already delivered by said firm, and to make good and satis- 
factory their contract with the Military Board, and without 
charge or cost to the State. 

Believing, as I did, that the proposition of Messrs. Brooks 
Brothers, if accepted would be an honorable and fair adjustment 
of the disputed and unsettled account between that firm and the 
State authorities, I gave my assent as far as it was proper and 
necessary to do so, to a settlement of said account in the manner 
and on the terms proposed by Messrs. Brooks Brothers, and now 
present the same for the consideration of the Board. 

I have the honor to be 

Very respectfully, yours, 

E. D. MORGAN. 

On motion of the Comptroller, the purchase of 339 jackets and 
265 pairs pants from P. V. Kellogg, reported by the Governor, 
was approved. 

On motion of the Lieutenant Governor, it was 

Resolved, That this Board approve of the settlement of the 
question, growing out of the Brooks Brothers contract, for uni- 
forms, upon the terms as indicated in the communication of Gov- 
ernor Morgan made this day to the Board, and that Governor 
Morgan be, and he is hereby authorized to enter into a contract 
with Brooks Brothers for a settlement of all such questions upon 
the terms referred to in his communication. 

On motion of the Comptroller, the Board adjourned until 10 
A. M., to-morrow. 



July 12, 1861—10^ A. M. 

The Board met at the Executive Chamber pursuant to adjourn- 
ment. 

Present — Governor, Lieut. Governor, Comptroller, Treasurer, 
Attorney General, State Engineer and Surveyor. 



No. 15.] 197 

Minutes of the previous meeting were read and approved. 

The Treasurer presented as his report of inspection of clothing 
made by him, a communication signed F. I. Loth, which, on mo- 
tion of the Comptroller, was accepted and ordered entered at 
length on the minutes of the Board, and is in the words follow- 
ing : 

New York, July 11, 1861. 
To the Hon. Mr. Dorsheimer : 

Sir — I would beg leave to report that I have received and in- 
spected from F. P. Baldwin, 

Twenty-five hundred (2,500) overcoats, 

Twenty-five hundred (2.500) jackets. 

Twenty-five hundred (,2.500) pants, all in good order, and ac- 
cording to contract. 

I have also received and inspected from C. Barnum, 

Twenty-five hundred (2,500) overcoats. 

Twenty-five hundred (2.500) jackets. 

Twenty-five hundred (2,500) pants, all in good order and ac- 
cording to contract. 

I have also received and inspected from A. k, G. A. Arnoux, 

Twenty-five hundred (2,500) overcoats. 

Twenty-five hundred (2,500) jackets, 

Twenty-five hundred (2,500) pants. 

Overcoats and pants all in good order and according to con- 
tract. 

I will also state that all the jackets, with the exception of one 
thousand and three, (1.003) which were rejected on account of 
the color and quality not being the same as sample, and replaced 
by others proving to be as good as sample, were all according to 
contract. 

I have also received and inspected from A. T. Stewart, one 
thousand (1,000) military shirts, all in good order and according 
to sample. 

I have also received and inspected from Cronin, Huxthal & 
Sears, five hundred and thirty-seven (537) dozen military socks, 
all in good order and according to sample. 

From your most obedient servant, 

F. I. LOTH, Inspector. 

The committee, consisting of the Attorney General and Treas- 
urer, who were appointed on the 3d inst. to visit Washington for 



198 [Assembly 

the purpose of ascertaining the situation and wants, &c., of our 
volunteers, presented the following report : 

To the Hon. the Board of State Officers, formed under the act of 
April 16, 1861 ; 

The undersigned, a committee of said Board, under the resolu- 
tion of July 3d inst., respectfully report : 

That your committee left for Washington in the afternoon of 
the 3d inst., and arrived there on the evening of the fourth. 

That in consequence of the absence of the Secretary of War, 
who went to Fortress Monroe on the morning of the 5th inst., no 
interview could be had with him until the afternoon of the 10th 
inst., and your committee employed the interval in visiting the 
several regiments of the State forces then lying at or near Wash- 
ington, on both sides of the Potomac. That this was a business 
of a good deal of labor consequent upon the difficulty of finding 
the regiments who were scattered over a considerable extent of 
country and whose locations were constantly being changed, one 
regiment rarely knowing the location of another though in thei 
immediate neighborhood, though your committee believe the la- 
bor to have been well bestowed. 

The attention on the part of the Board was well received and 
seemed to afford, with a single exception, much satisfaction to 
the officers and men. 

The following regiments were visited and with the following 
results: 

16 volunteers. Col. Davies. — The health of this regiment was 
good, and the general feeling of the men satisfactory, the camp 
in good order, and the discipline well maintained. This regiment 
are extremely anxious to receive their rifled guns, and are also 
in want of 500 caps and about 100 blankets. 

18th volunteers, Col. Jackson. — This regiment was found in 
good temper and discipline. Its camp a pattern of cleanliness, 
and its health good. Several articles are wanting to the comfort 
of the regiment for which the colonel will send a requisition. 

The guns of all the regiments will, from time to time, require 
slight repairs, and Col. Jackson asks for two large vices and a 
set of files with which to effect such reparation. 

14th volunteers, Col. McQuade. — This regiment was found en- 
camped in a beautiful grove. There was reported a good deal of 
diarrhoea, but not serious in its character. The regiment appear- 



No. 15.] 199 

ed cheerful and contented. The committee did not have tho 
pleasure of meeting Coh McQuade. He will no doubt make a re- 
quisition for needful supplies. 

26th volunteers, Col. Christian. — This regiment was found to 
be quite contented and in good order and discipline, notwith- 
standing the uniforms are very bad, nearly or quite as bad as 
those of the 19th volunteers. Your committee recomend that 
full suits of jackets and trowsers be at once furnished them. 
They also require full sets of shoes and 200 caps. Their arms 
are bad and of a mixed kind. They should be supplied with effi- 
cient arms. 

28th volunteers, Col. Ward. — This regiment was also found in 
good order, discipline and health. They want 125 sets uniforms 
and caps to supply losses by accident and desertion while in New- 
York. Also camp stoves. They have drawn shoes from U. S. 
They also want drums, those furnished are useless, broken and 
worthless. This is true of the drums of all the regiments of vol- 
unteers. They are armed with the altered musket. They also 
want bugles, which is true of most of the regiments. 

I7th volunteers. Col. Lansing. — Your committee were not so 
fortunate as to find Col. Lansing in camp. The lieutenant colo- 
nel and major were in charge and reported they wanted nothing. 
The major remarked they wanted nothing from the State of New 
York. 

5th uniformed militia. Col. Schwarzwaelder. — This regiment is 
in good health- and discipline, their time will soon expire and 
they will remain no longer in service of U. S. 

8th volunteers, Col. Blenker. — This regiment was found in fine 
condition and health, uniform and equipments good. They need 
rifles, and your committee recommend they be furnished. The 
officers have not yet received their commissions and are anxious 
to get them. 

22d volunteers. Col. Phelps. — This regiment had just arrived 
and were forming their encampment. About 200 were ill of 
diarrhoea and two cases of small pox reported. They ask for one 
hospital, 10 Avail and 40 small tents, and complain that their 
drawers are useless. 

29th volunteers, Col. Von Steinwehr. — This regiment was 
found in fine condition, though the colonel was absent from ill- 
ness. Their drums were bad, like all others, and they require 
new drawers throughout. 



200 [Assembly 

Slst volunteers, Col. Pratt, — The health of this regiment re- 
ported good. A requisition of articles required by them was 
sent your committee and is herewith submitted. 

19th volunteers. Col. Clark. — The uniforms of this regiment 
are very bad, but new ones arrived in Washington while your 
committee was there. The regiment had, however, marched to 
join Gen. Patterson's column before the clothing arrived. 

24th volunteers. Col. Sullivan. — This regiment had just arrived 
and the colonel reported the regiment in good health, and will 
communicate his wants by requisition. 

34th regiment. Col. Ladue. — This regiment has also just arrived 
in good health. The colonel asks for the Remington rifle, with 
triangular bayonet. 

32d volunteers. Col. Matherson. — This regiment was found in 
good condition. A list of articles they ask is herewith submit- 
ted from the adjutant. 

12th volunteers, Col. Walrath. — This regiment was found in 
good health and discipline. The arms are very bad, and should 
be exchanged. A memorandum of their wants will be forwarded 
by the colonel. 

25th volunteers. Col. Kerrigan, — This regiment was found in 
good condition. They asked only for good drums. 

30th volunteers. Col. Frisby. — This regiment is in good condi- 
tion ; their clothing reported 25 suits short ; they want more 
tents, and a full set of knives, forks, plates and spoons ; also 100 
caps and 3 drums. 

25th uniform militia, Col. Bryan. — This regiment were in good 
condition, and had done much service in the construction of Fort 
Albany in Virginia. They will return to the State 4th August. 
Their uniforms are worn out, and they want 250 each of haver- 
Backs and canteens. 

14th uniform militia, Col. Wood. — No field officer was present 
at this camp, though in Virginia, and your committee got no 
report. 

8th militia, Col. Lyon. — This regiment encamped at Arlington 
house. Their term of service expires on the 20th inst. They 
have not been paid for the time elapsed after they were ordered 
into service, and before they were mustered by U. S. 

13th volunteers. Col. Quimby. — This fine regiment were advan- 
ced in Virginia, some two miles beyond Arlington house. Their 
uniforms were wretched, and should be at once renewed. They 



No. 15.] 201 

are in good temper and discipline, and their health improving. 
They want letters and numbers. 

28th uniform militia, Col. Bennett. — This regiment encamped 
outside of Fort Corcoran, in Virginia ; they muster out on the 
23d inst. Their jackets are worn out, and uniform generally well 
used up. 

69th uniform militia, Col. Corcoran. — This fine regiment have 
done much and valuable service, and will muster out on 9th 
proximo. They ask for 1305 jackets, caps and their pants, and 
are out of shoes, except such as they have drawn from U. S. at 
their own expense. 

21st volunteers, Col. Rogers. — This regiment had recently ar- 
rived. A schedule of their wants is submitted, received from the 
lieut. colonel. The colonel was absent. Their uniforms, pur- 
chased from the city of Buffalo, are giving out. 

37th volunteers. Col. McCunn. — This regiment, recently ar- 
rived, are healthy and well supplied. The major in command, 
in absence of his superiors, reported they want 100 pair of 
shoes. 

I5th volunteers. Col. Murphy. — This regiment is in fine condi- 
tion. They want 100 more uniforms. 

33d volunteers. Col. Taylor. — Arrived at "Washington, 9th in- 
stant, in good health ; reported no deficiencies. 

Your committee had an interview with the Secretary of War 
on the afternoon of the 10th instant. They inquired if it was 
his desire that the State should raise a company of sharp- 
shooters, as proposed by Mr. Berdan, to which he answered em- 
phatically that it was not. 

They inquired if the U. S. Government desired the State to 
continue to clothe their troops while in the U. S. service, to 
which he replied the U. S. Government did so desire, and would 
ultimately refund the expense to the State. 

He also, on inquiry, stated that the U. S. Government would 
furnish wagons, horses and tents to the New York troops. 

There are not now, however, tents sufficient to be had, and 
our troops are too much crowded in the tents. Your committee 
recommend that a further supply be forwarded by the State to 
the extent of those on hand, divided amongst the regiments. 

Your committee also called the attention of the Secretary to 
his agreement with the Governor to pay the militia from the 
time they were ordered by the Adjutant General, and which 



202 [Assembly 

seems net to have been communicated to the Adjutant General 
of the United States, and he said that agreement should be car- 
ried out. 

To the inquiry whether the United States would furnish suffi- 
cient arms to the New York troops, as agreed with the Governor, 
he replied they had none. On being subsequently referred, on 
the subject of ammunition, to Col. Ripley, the latter stated that 
the United States had plenty of the altered musket, which he 
considered the best arm, and thought it should supersede the 
Enfield in the hands of the troops. The Secretary further 
tated that the United States could not furnish the regiments from 
New York field howitzers, and on being asked to furnish ammu- 
nition for the Enfield rifles and muskets, referred the subject to 
Col. Ripley, who, after reading to your committee his correspon- 
dence with Gen. Read, decided that the ammunitirn would not 
be furnished. Your committee represented that these arms had 
been purchased from necessity, because the United States could 
not furnish arms, and that it was unjust to require the State to 
purchase abroad ammunition to be used in defence of the United 
States, and expended for their benefit solely, and at the same 
time to pay duties on such ammunition. 

Col. Ripley said that he would again call the attention of the 
Secretary of War and Gen. Scott to the subject. Your commit- 
tee also had an interview with Gen. Scott on the subject, which, 
although not decisive, leaves the hope that the Secretary will 
reconsider his decision on the subject. 

Your committee also called the attention of the Secretary of 
War to the recent orders issued by his department to increase 
the regiments of N. Y. V. M. to 1,046 each, represented that our 
statute only gave the right to raise 30,000 men, which this in- 
crease would exceed, and that this Board had no right to uniform, 
equip, or enlist men in excess of the 30,000. The Secretary re- 
plied that our regiments must conform to the regulations they 
had adopted. We represented that our regiments were formed 
before such regulation was adopted, and formed on the express 
direction of the United States Government of a less number 
than we would have otherwise adopted. To this the Secretary 
replied we must conform to the regulation, and if it involved an 
infraction of our law it must be infringed. 

Protesting against this action, and warning the Secretary that 



No. 15.] 203 

it would lead to confusion and difficulty, your committee closed 
the interview. All which is respectfully submitted. 
Dated July 12, 1861. 

CHAS. J. MYERS, 
P. DORSHEIMER. 

On motion of the Lieut. Governor, it was 

Resolved, That the report this day made by Attorney General 
Myers and Treasurer Dorsheimer be accepted and approved, and 
that the thanks of the Board be tendered to such committee for 
the able and faithful manner in which they have discharged their 
duties. 

On motion of the Attorney General, it was 

Resolved, That the Governor be requested to ascertain at what 
price felt hats can be procured, and in case no quorum of the 
Board being present, he be, and hereby is authorized to purchase 
a sufficient quantity to supply such of our troops as actually 
need them. 

On motion of the Treasurer, it was 

Resolved, That the Governor be authorized, in his discretion, 
to purchase of Benedict, Hall & Co., not to exceed 10,000 pairs 
of shoes at price of last contract. 

On motion, the Board adjourned to meet at the call of the 
Governor. 



July 27th— 10| A. M. 

The Board met at the Executive Chamber, pursuant to call of 
the Governor. 

Present — Governor, Lieutenant Governor, Attorney General 
and Treasurer. 

Minutes of the previous meeting were read and approved. 

The Governor reported that, in accordance with a resolution 
of the Board, he had purchased of Messrs. Benedict, Hall & Co., 
5,000 pairs of shoes, at 9s. per pair ; also that he had purchased 
of Palmer Y. Kellogg l,07l military jackets, at $3.50 each, which 
jackets were those made by A. & G. A. Arnoux, and rejected by 
the Inspector as not equal in color to the sample, but were strong 
and well made, and in all other respects according to sample; 
also that he had ordered 32 ambulances in addition to six 
already purchased, at the price of $150 each. 



204 [Assembly 

On motion, the Board adjourned to meet on August 15th, unless 
sooner convened by call of the Governor. 



August 15 — 12 o'clock, M. 
The Board met at the Executive Chamber pursuant to adjourn- 
ment. 

Present — the Governor, Lieutenant Governor, Secretary of 
State, Comptroller, Attorney General, Treasurer, State Engineer 
and Surveyor. 

Minutes of the previous meeting were read and approved. 
The Governor reported that on the 8th of August, he autho- 
rized Col. Delafield to purchase forty additional rifled cannon, with 
carriages, caissons, shot-battery and forge wagons, complete, the 
cannons to be mostly ten pounders, with a proportion of six 
pound spherical bore. The cost will probably not exceed the 
following estimate, and will perhaps be less than $40,000. 
40 rifled Parrott guns (with 100 shot) 

at $250 00 $10,000 00 

400 shot for proving same, at 80c 320 00 ) r/>rw f^r. 

600 lbs. powder for proving same, at 40c 240 00 ) 

4,000 additional shot at 80c 3,200 00 

40 carriages, at 2^5 00 11,00000 

40 caissons, at 275 00 11,000 00 

10 battery wagons, at 275 00 2,750 00 

10 forge wagons, at 275 00 2,750 00 

$41,260 00 

On motion of the Attorney General, it was 

Resolved, That the annexed order of the Governor to Colonel 
Delafield, to purchase the ordnance therein specified, be con- 
firmed, and the action of the Governor therein approved. 

On motion of the Attorney General, it was 

Resolved, That the action of the Governor in transferring tem- 
porarily to the use of the General Government, certain rifled 
cannon, carriages, caissons, projectiles, wagons, harness, &c., be 
aflirmed and approved, and that he is hereby authorized to dis- 
pose of other cannon and appurtenances in like manner, if in his 
judgment, in the absence of the Board, the public safety shall 
require it. 

The Governor stated that five regiments and five companies of 



No. 15.] 205 

the 20th regiment, colonel Weber) though enrolled in the State 
service for two years, had been mustered into the United States 
service for only three months ; that the President, through the 
Secretary of War, made a requisition on the 30th of July for 
the above named regiments and companies to serve for two years, 
and that he had directed the Adjutant General to issue an order 
to each of the colonels of these regiments directing them at the 
expiration of the time for which their respective regiments were 
mustered into the service of the United States, to report, with 
their commands, to the Adjutant General of the U. S. army, for 
duty under the order of the U. S. Government, for the remainder 
of the term of enlistment of their regiments into the service of 
the State of New York, agreeably to the law of April 16, 1861. 

Reports being currently reported through the newspapers that 
the 11th regiment Fire Zouaves, had been discharged from the 
U. S. service and ordered to return to New Yoi'k, the Governor 
stated that some action of the Board was necessary on this mat- 
ter, as the State will be liable for the pay of said regiment unless 
favorably discharged, notwithstanding they may have been dis- 
charged by the U. S. Government. Also that many of the thirty- 
eight volunteer regiments organized by the Board, were, by 
authority of the War Department, recruiting in the State to 
raise the number of men to 1,046, whereupon the Attorney Gen- 
eral offered the following preamble and resolution : 

Whereas, since the organization of the thirty-eight regiments 
of volunteers by this Board, and their being mustered into the 
service of the General Government, that Government have 
ordered such regiments to be recruited to the number of 1,046 
each, and such recruiting is being carried on under great dis- 
couragement, therefore 

Resolved, That the Governor be authorized to advance such 
recruiting officer the funds necessary to subsist and transport 
such recruits, until such time as they may be subsisted by the 
United States Government, and to cause such recruits to be en- 
tered on the rolls of volunteers in the proper offices. 

Ayes and noes being called, the Secretary proceeded to call 
the roll with the following result : 

Ayes — Governor, Lieutenant Governor, Secretary of State, 
Comptroller, Treasurer, Attorney General, State Engineer and 
Surveyor — Ayes 7. 



206 [ASSEMBI.Y 

Whereupon the chair declared the preamble and resolution to 
be unanimously adopted. 

The Governor stated that on the 24th day of July he offered 
by telegraph sixteen of the Parrott guns to the Secretary of 
War, and after some delay they had been accepted ; that in ac- 
cordance with his instructions the Commissary General had de- 
livered to Major Hagner six 10 -pounder rifled cannon mounted, 
and ten 20-pounder rifled cannon, not mounted, under an agree- 
ment that they were to be replaced within thirty days ; that the 
ten additional rifled cannon ordered some weeks since, had been 
delivered, and were mounted, and that the United States Gov- 
ernment also desired them together with all the gun carriages, 
caissons, shot battery and forge wagons, and harness that could 
be spared by the State, as also twelve 6-pounder brass smooth 
bore guns. 

The Governor presented an afiidavit of Peter Saxe in relation 
to a bill for lumber and rent of grounds at Camp Brintnall, the 
Troy branch of the Albany depot of volunteers, amounting to 
$306, which on motion of the Secretary of State was directed to 
be paid. 

The Inspector General presented an account of Capt. Bartlett 
for transportation and subsistence on way to depot, which on 
motion of the Secretary of State was referred to Gen. Patrick for 
inspection, and to be paid if found correct. 

Gen. Patrick also submitted bills of Capt. A. W. Holden, Capt. 
Ormsby, and others of the 22d regiment, for transportation and 
subsistence of their companies on way to depot, which on motion 
of the Secretary of State was referred to the Inspector General 
for inspection, to be paid if found correct. 

On motion of the Attorney General it was 

Resolved, That the Governor have authority in his discretion 
to return men to their regiments here on furlough at the expense 
of the State. 

On motion of the Attorney General, the Board adjourned until 
to-morrow, on the call of the Governor. 



No. 15.] 207 

August 16, 1861. 

The Board met at the Executive Chamber at 2 o'clock, P. M. 

Present — the Governor, Lieutenant Governor, Comptroller, 
Treasurer, Attorney General, State Engineer. — 6. 

The minutes of the previous meeting were read and approved. 

The Governor stated that he had addressed a letter to the Ad- 
jutant General of the U. S., inquiring whether the 11th regiment 
N. Y. S. V. " Fire Zouaves," had been mustered out of the U. S. 
service, and if so, requesting official information without delay. 

On motion of the Lieutenant Governor, it was 

Resolved, That there be paid to Gen. John H. Martindale, the 
sum of seventy-five dollars, being his expenses in going to Wash- 
ington upon the business of this Board. 

The Governor stated that he desired to bring before the Board 
the subject of purchasing rifles in this State, and thought that 
10,000 should be contracted for without delay ; that Messrs. E. 
Remington & Sons would probably be able to deliver 10,000 
within four months, at the price of $15 for each rifle, with trian- 
gular bayonet. The members of the Board present assented to 
the views of the Governor, and, on motion of the Treasurer, it was 

Resolved, That the Governor be authorized to enter into a con- 
tract with Messrs. E. Remington & Sons for 10,000 rifled muskets, 
with triangular bayonet attached, at a price not to exceed $15 
each. 

On motion of the Comptroller, it was 

Resolved, That the Governor and Attorney General be a com- 
mittee to go to Washington, to confer with the officers and men 
of our volunteers, in relation to their term of service. 

The Governor submitted a communication from W. T. N. Phi- 
pard, paymaster 6th regiment N. Y. S. V., Col. Wilson, on which 
no action was had. 

On motion, the Board adjourned, to meet 18th September, at 
12 o'clock, M., unless sooner called by the Governor. 



September 2, 1861. 

The Board met at the Executive Chamber, at 11 o'clock, A. M. 
pursuant to call of the Governor. 

Present — Governor, Lieutenant Governor, Attorney General, 
Treasurer. 



208 [Assembly 

On motion, the reading of the minutes of the previous meeting 
was dispensed with. 

The Governor stated that he had deemed it necessary to offer 
a bounty of two dollars for each man mustered into the service 
of the United States, the aggregate amount not to exceed sixty- 
four dollars for each company of men so enlisted and mustered. 
He also stated that this was not to apply to militia or other regi- 
mental organizations now partially completed and encamped in 
their respective districts for the purpose of recruiting; that since 
issuing a general order to that effect, (No. 90,) the Adjutant 
General had received the following letter from the War Depart- 
ment, in answer to an inquiry made by him : 

War Department, Aug. 29, 1861. 
Thomas Hillhouse, Adjutant General of State of Jfew York: 

Sir — I have the honor to acknowledge the receipt of your 
favor of the 24th instant. 

While the Department doubts the policy of offering any 
bounty, in view of the increase of regular pay provided by the 
recent act of Congress, the offer on the part of the Empire State 
to act thus liberally is regarded as deserving consideration from 
the U. S. Government. It will be for Congress to provide for 
the refunding of such bounties on the part of the State, if deemed 
advisable. 

Sincerely trusting that your efforts, and those of the State Ex- 
ecutive, will be successful in an early organization of the State 
quota provided in the Governor's call, 
I have the honor to be, dear sir, 

Your most obd't serv't, 

SIMON CAMERON, 

Secretary of War. 

The Board concurring in the propriety of the bounty offered 
by the Governor, it was, on motion of the Attorney General, 

Resolved, That the Comptroller pay, upon the certificate of 
the proper officer, the bounty of two dollars per man, offered by 
the Governor in general orders number ninety as "expenses for 
mustering the militia of the State, or any part thereof, into the 
service of the United States." 

The Attorney General moved that the report and evidence 
taken before the special committee on the contract for clothing 



No. 15.] 209 

be published in the Albany Evening Journal, and in such other 
papers as the committee on procuring publication may deem 
proper, and that the Treasurer be a committee to procure the 
publication thereof, which was unanimously carried. 

On motion the Board adjourned to meet on the 19th instant. 



September 19, 1861. 
The Board met at the Executive Chamber, pursuant to ad- 
journment, at 12 o'clock M. 

Present — Governor, Secretary of State, Lieutenant Governor, 
Comptroller, Treasurer, Attorney General and State Engineer. 

Minutes of the previous meeting were read and approved. 

The Comptroller produced the contract made with Schuyler, 
Hartley & Graham, which referred to the act of April 16, 1861, 
but which should, he thought, refer to the act of April 17, 1861. 

It was suggested to amend the contract by quoting the title of 
chapter 292, Laws of 1861 ; and it was moved to refer to the 
commissioners under the said last act. 

The Governor asked if the Enfield arms now in the Arsenal at 
New York should be sent forward to the regiments now in the 
field, who already have very good arms, or if he might not give 
them to the regiments now being raised. 

The Board was of opinion that the Enfield rifles should be dis- 
tributed to the thirty-eight regiments organized under chapter 
211. 

The Secretary of State presented account of Tuomey and 
Elder, for plumbing. After some discussion, the Secretary of 
State moved to refer the foregoing bill to General Patrick, with 
a request that he examine the bill carefully, and if satisfied of its 
correctness that it be paid, and if not correct in amount, that he 
shall be authorized to amend it in such manner as he may deem 
just, and that it then be paid at such amount. 

On putting the question, ayes and noes were called with the 
following result : 

Ayes, — Governor, Secretary of State, State Engineer and 
Surveyor — 3. 

Noes, — Lieutenant Governor, Comptroller, Attorney General, 
Treasurer — 4. 
whereupon the motion was declared lost, by the chair. 

The Comptroller introduced subject of settlement of account of 
the State against the General Government. 

[Assem. No. 15.] 14 



210 [Assembly 

On motion of Lieutenant Governor, it was unanimously 
Resolved, That the Comptroller and Treasurer of this State be 
a committee to proceed to Washington to confer with the author- 
ities of the General Government in reference to the accounts and 
claims of this State for organizing, equipping and subsisting the 
volunteer militia of this State under the act of April 16, 1861, 
and that said committee be invested with full power, to settle 
and discharge such accounts and claims upon receiving the 
amount agreed to be paid thereon. 

On motion of the Lieutenant Governor the Board adjourned. 



October 1, 1861. 

The Board met at the Executive Chamber, pursuant to call of 
the Governor, at 11 o'clock A. M. 

Present — Governor, Comptroller, Treasurer, State Engineer. 

The minutes of the last meeting were read and approved. 

On motion of the State Engineer, it was 

Resolved, That the Governor be authorized to issue Enfield 
rifles, now in the Arsenal at New York, and to arrive under con- 
tract with Schuyler, Hartley & Graham, with this Board, to such 
New York State troops as in his judgment be most advantageous 
to the interests of the General Government. 

On motion, the Board adjourned, subject to call of the Gov- 
ernor. 



October 24, 1861. 

The Board met at the Executive Chamber, pursuant to call of 
the Governor, at 12 o'clock M. 

Present — Governor, Lieut. Governor, Comptroller, Attorney 
General, Treasurer, State Engineer and Surveyor. 

On motion, reading of the minutes of previous meeting was 
dispensed with. 

The Governor asked in what manner the following cases should 
be met : 

Where regiments or smaller organizations or individuals of the 
force, raised under chapter 277 of the Laws of 1861, are mustered 
out of the United States service, so as to relieve the State from 
responsibility for pay, &c., instancing the squad of the 19th regi- 
ment of N. Y. S. volunteers. 

In answer to which the Attorney General presented the fol- 
lowing resolution, which, on motion, was unanimously adopted : 



No. 15.] 211 

Resolved, That all such officers or men of the 30,000 troops 
raised under the authority of this Board, as may at any time be 
mustered out of the service of the United States may, in the 
discretion of his Excellency the Governor, be discharged by him 
from further service under their enlistment, under the act of 
April 16, 1861. 

On motion of the Attorney General, it was unanimously 

Resolved, That a report of all the proceedings of this Board, 
under the act of April 16, 1861, to the Legislature be prepared 
and printed, uiider the direction of a committee of three members 
of the Board, to be appointed by the Governor. 

The Governor named the Attorney General, Lieutenant Gover- 
nor and State Engineer and Surveyor as such committee. 

On motion of the Comptroller, the resolution adopted on the 
2d of September, in the following words : 

" Resolved, That the Comptroller pay, upon the certificate of 
the proper ofiicer, the bounty of $2 per man, ofi'ered by the Gov- 
ernor in general order No. 90, as expenses for recruiting the 
militia of this State, or any part thereof, into the service of the 
United States," was rescinded from this date. 

On motion of the Lieutenant Governor, the Board adjourned 
until November 13th, at 12 o'clock M. 

Nov. 13. 

The Board met at the Executive Chamber pursuant to adjourn- 
ment, at 12-1 p, M. 

Present — Governor, Lieutenant Governor, Secretary of State, 
Comptroller, Treasurer, Attorney General, State Engineer and 
Surveyor. 

Minutes of the two previous meetings were read and approved. 

The Governor presented a communication from Rev. Wm. B. 
Matchett, chaplain 10th regiment New York State volunteers, 
and one from George Bliss, jr., in relation (on file) to pay of Mr. 
Matchett, for two months' services, ending the 15th October, ult. 
Mr. Matchett stated, in his letter, that he had been on duty with 
his regiment at Fortress Monroe, and had not received any order 
to be mustered into the United States service, or been advised that 
he should not receive pay from the State. The Governor stated 
that he understood that Mr. Matchett was not a regularly or- 
dained clergyman ; that the War Department had required that 
chaplains should be regularly ordained, but, nevertheless, Mr. 



212 [Assembly 

Matchett had lately been mustered into the United States ser- 
vice, and would hereafter receive pay therefrom. Whereupon 
the Comptroller offered the following resolution : 

Resolved, That Reverend W. B. Matchett, chaplain of the 10th 
regiment. New York State volunteers, be paid all arrears of sal- 
ary due him, previous to being mustered into the service of the 
United States, and that chaplains of all other regiments of vol- 
unteers from this State, who have discharged their duties with- 
out having been paid by the United States, be paid at the rate 
authorized by the resolution of this Board of 16th May, 1861. 

Board adjourned. 



Dec. 13, 1861. 

The Board met at the Executive Chamber pursuant to the call 
of the Governor at 12^ P. M. 

Present — The Governor, Lieutenant Governor, Comptroller, 
Attorney General, Treasurer and State Engineer. 

The Governor presented the question of pay of members of his 
staff, and other officers engaged in military service, concerning 
which several members of the Board had previously been con- 
sulted, and submitted the following letter which he had addressed 
to the Comptroller. 

Executive Department, ? 

Albany, JYov. 20, 1861. \ 

Sir — Upon consultation with the members of the Military 
Board, the compensation of the staff of the Commander-in-chief, 
and of certain other officers engaged in military service has been 
fixed at the following rates, from the 16th day of April, 1861, 
unless another date is specified, until otherwise ordered. 

Adjutant General, pay and allowance of major of infantry. 

Inspector General, pay and allowance of major of infantry. 

Commissary General, pay and allowance of major of infantry. 

Engineer-iu-chief, pay and allowance of major of infantry. 

Judge Advocate General, pay and allowance of major of in- 
fantry. 

Surgeon General, pay and allowance of major of infantry. 

Quartermaster General, pay and allowance of major of infantry. 

Paymaster General, pay and allowance of major of infantry. 

Commandants of general depots. New York, Albany, and El- 
inira, pay and allowance of major of infantry. 



No. 15.] 213 

Aid-de-camp, Col. Thos. B. Arden, pay and allowance of major 
of infantry. 

Aid-de-canip, Col. Geo. Bliss, Jr., pay and allowance of major 
of infantry. 

Aid-de-camp, Col. E. F. Shephard, pay and allowance of cap- 
tain of infantry. 

Aid-de-camp, Col. S. D. Bradford, Jr., pay and allowance of 
captain of infantry. 

Assistant Adjutant General, pay and allowance of captain of 
infantry. 

Assistant Commissary General, pay and allowance of captain 
of infantry. 

Private Secretary, yearly allowance for military service $500. 

An additional compensation, at the rate of $500 per annum, is 
allowed Chester A. Arthur, as Acting Assistant Quartermaster 
General. 

All moneys heretofore paid to either of the above named are 
to be deducted from the compensation hereby established. 

Any previous order or direction to the Comptroller, conflicting 
with the above, is hereby revoked. 

No allowance is to be made for mileage or carriage hire, but 
actual expenses of travel will be allowed when ordered on duty 
away from their posts. Payments to be made in monthly instal- 
ments. 

I am, very respectfully, 

Your obed't serv't, 
(Signed) E. D. MOEXJAN. 

Hon. Robert Denniston, Comptroller. 

On motion of the Attorney General, 

Resolved, That the annexed schedule for payment of the staff 
of the Commander-in-Chief, for compensation for the arduous and 
unforeseen service by them respectively performed, be adopted, 
and payment to the said officers respectively made. 

On motion of the Lieut. Governor, it was 

Resolved, That the State Engineer and Surveyor, Mr. Rich- 
mond, be added to the committee appointed by this Board, on the 
19th September last, to proceed to Washington to settle the 
claims of the State against the General Government. 

Board adjourned 7 o'clock, P. M., 2Tth December. 



214 [Assembly 

December 27, 1861. 

The Board met at the Executive Chamber pursuant to adjourn- 
ment, at 7 o'clock P. M. 

Present — Governor, Lieutenant Governor, Secretary of State, 
Comptroller, Attorney General, Treasurer, State Engineer. 

Minutes of the previous meeting were read and approved. 

The Comptroller, from the committee appointed by resolutions 
of this Board on 19th September and 13th December, to proceed 
to Washington to settle the claims of this State against the Gen- 
eral Government, reported that it had arranged for a reimburse- 
ment to the State of forty per cent, or $1,113,000 of its expen- 
ditures for organizing and equiping volunteers, payable in three 
instalments of equal proportions ; that the first instalment had 
already arrived, the second was expected to-morrow, and the 
third on Monday. 

The Attorney General, from the committee appointed under 
resolution of Oct. 24tli, to prepare a report of the proceedings of 
the Board, presented and read to the Board a draft of a report. 

On motion of the Lieutenant Governor it was 

Resolved, That the report presented by the committee be adop- 
ted as the report of this Board, and that the Secretary be autho- 
rized to certify the report and minutes of the Board to the Leg- 
islature. 

On motion of the Comptroller it was 

Resolved, That the account of A. S. Partridge, for procuring 
twenty-six recruits for the 18th regiment, be and the same is 
hereby clirected to be paid by the Comptroller. 

On motion of the Secretary of State it was 

Resolved, That the thanks of this Board are due and are 
hereby tendered to his Excellency Governor Morgan, for the 
prompt, courteous and impartial manner in which he has presided 
over the deliberations of this Board. 

On motion, the Board adjourned. 

I hereby certify the foregoing to be a true copy of the minutes 
of the several meetings of the Board of State Officers named in 
the act of April 16, 1861, entitled "An act to authorize the em- 
bodying and equipment of a volunteer militia, and to provide for 
the public defence," and of the whole of such minutes, from April 
16, 1861, to December 31, 1861, inclusive. 

J. H. LINSLY, Secretary. 



LBJa'll 



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.^ 



